F 

845 
,25 
N36 


NEVADA 

IRRIGATION 

DISTRICT  ACT, 

1920 


BANCROFT 


University  of  California  •  Berkeley 


STATE 


OF  NEVADA 


0  THE  NEVADA  IRRIGATION 
DISTRICT  ACT 


Pamphlet  No.  9 


.      ISSUED  BY 

J.  G.  SCRUGHAM,  State  Engineer 


CARSON  CITY,  NEVADA 

STATE  PRINTING  OFFICE      :      :      :      JOE  FARNSWORTH,  SUPERINTENDENT 

1920 


THE    NEVADA    IRRIGATION    DISTRICT    ACT 


Stats.  191.9,  page  84 


CHAP.  64 — An  Act  to  provide  for  the  organization  and  gov- 
(rnment  of  irrigation  districts,  for  the  irrigation  and 
drainage  of  lands  and  other  related  undertakings  thereby, 
and  for  the  acquisition  and  distribution  of  water  and 
other  property,  construction,  operation  and  maintenance 
of  works,  diversion,  storage,  distribution,  collection,  and 
carriage  of  water,  cooperation  with  the  United  States;  and 
matters  properly  connected  therewith. 

[Approved  March  19,  1919] 

SECTION  1.  A  majority  in  number  of  the  holders  of  title, 
or  evidence  of  title,  to  lands  susceptible  of  one  mode  of  irri- 
gation from  a  common  source  or  combined  sources,  and  by 
the  same  system  or  combined  systems  of  works,  may  propose 
the  organization  of  an  irrigation  district  under  this  act; 
provided,  said  holders  of  title  or  evidence  of  title  shall  hold 
such  title  or  evidence  of  title  to  at  least  one-half  part  of  the 
total  area  of  the  land  in  the  proposed  district ;  provided,  fur- 
ther, that  every  signer  of  a  petition  for  the  organization  of 
an  irrigation  district  shall  be  the  holder  of  title  or  evidence 
of  title  to  at  least  five  acres  of  land  within  the  proposed  dis- 
trict. The  equalized  county  assessment  roll  next  preceding 
the  presentation  of  a  petition  for  the  organization  of  an 
irrigation  district  shall  be  sufficient  evidence  of  title  for  the 
purpose  of  this  act,  but  other  evidence  may  be  received, 
including  receipts  or  other  evidence  of  rights  of  entrymen 
on  land  under  any  law  of  the  United  States,  and  such  entry- 
men  shall  be  competent  signers  of  such  petition,  and  the  land 
on  which  they  have  made  entries  shall,  for  the  purpose  of 
said  petition,  be  considered  as  owned  by  them.  Such  entry- 
men  shall  share  all  the  privileges  and  obligations  of  free- 
holders and  owners  of  private  land  within  the  district,  under 
the  several  provisions  of  this  act,  including  the  right  to  vote 
and  hold  office,  subject  to  the  terms  of  the  act  of  Congress 
entitled  "An  act  to  promote  reclamation  of  arid  lands," 
approved  August  11,  1916.  The  petitioners  may  determine 
in  said  petition  whether  the  proposed  district  shall  be  divided 
into  three,  five,  or  seven  divisions,  and  whether  it  shall  have 
three,  five,  or  seven  directors,  but  if  no  number  is  named  in 
the  petition  the  board  of  county  commissioners  may  deter- 
mine whether  the  number  shall  be  three,  five,  or  seven. 

SEC.  2.  Whenever  it  is  proposed  to  organize  an  irrigation 
district  a  petition  shall  first  be  presented  to  the  board  of 
county  commissioners  of  the  county  in  which  the  lands  or 
the  greater  portion  thereof  are  situated,  signed  by  the 
required  number,  possessing  the  qualifications  provided  for 
in  section  1  of  this  act,  which  petition  shall  set  forth  and 


particularly  describe  the  proposed  boundaries  of  such  dis- 
trict and  shall  pray  that  the  same  may  be  organized  under 
the  provisions  of  this  act.  The  petitioners  must  accompany 
the  petition  with  a  good  and  sufficient  bond  to  be  approved 
by  the  said  board  of  county  commissioners  in  double  the 
amount  of  the  probable  cost  of  organizing  such  district,  con- 
ditioned that  the  bondsmen  will  pay  all  said  costs  in  case 
said  organization  shall  not  be  effected.  Such  petition  shall 
be  filed  in  the  office  of  the  county  clerk  and  a  notice  thereof 
shall  be  published  for  at  least  two  weeks  before  the  time  at 
which  the  same  is  to  be  presented  to  the  board  of  county 
commissioners  in  some  newspaper  printed  and  published  in 
the  county  where  said  petition  is  presented,  which  newspaper 
shall  be  designated  by  said  board  as  the  paper  most  likely  to 
impart  notice  of  the  hearing  of  said  petition ;  the  said  notice 
to  set  forth  that  said  petition  has  been  filed,  the  time  of  the 
meeting  of  said  board  to  consider  said  petition,  and  a  descrip- 
tion of  the  territory  to  be  embraced  in  such  proposed  district. 
SEC.  3.  When  such  petition  is  presented,  and  it  shall 
appear  that  the  notice  of  the  presentation  of  said  petition 
has  been  given  and  that  said  petition  has  been  signed  by 
the  requisite  number  of  petitioners  as  required  by  this  act, 
the  commissioners  shall  hold  a  hearing  on  said  petition  and 
may  adjourn  such  hearing  from  time  to  time  not  exceeding 
three  weeks  in  all.  Contiguous  or  neighboring  lands  sus- 
ceptible of  irrigation  from  the  common  source  or  combined 
sources  aforesaid,  not  included  in  such  district  as  described 
in  the  petition,  may  at  such  hearing  upon  application  of  the 
holder  or  holders  of  title  or  evidence  of  title  thereto  as  pre- 
scribed in  section  1  hereof  be  included  in  such  district,  and 
lands  described  in  said  petition  not  susceptible  of  irrigation 
from  such  system  or  systems  may  upon  similar  application 
be  excluded  therefrom;  provided  always,  that  said  board 
shall  not  modify  the  boundaries  described  in  the  petition  so 
as  to  change  the  object  of  said  petition  or  so  as  to  exempt 
from  the  operation  of  this  act  any  land  which  is  susceptible 
of  irrigation  by  the  system. or  systems  aforesaid.  In  the 
hearing  of  any  such  petition  the  board  of  county  commis- 
sioners shall  disregard  any  informalities  therein,  and  in  case 
it  deny  the  same  or  dismiss  it  for  any  reasons  on  account  of 
the  provisions  of  this  act  not  having  been  complied  with, 
which  are  the  only  reasons  upon  which  it  shall  have  the  right 
to  refuse  or  dismiss  the  same,  it  shall  state  its  reasons  in 
writing  therefor  in  detail,  which  shall  be  entered  upon  its 
records,  and  in  case  the  reasons  are  not  well  founded  a  writ 
of  mandamus  shall  upon  proper  application  therefor  issue 
out  of  the  district  court  of  the  county  compelling  it  to  act  in 
compliance  with  this  act,  which  writ  shall  be  heard  within 
twenty  days  from  the  date  of  issuance,  such  time  to  be 
excluded  from  the  time  given  the  county  commissioners  to 
act  upon  the  petition.  Upon  the  completion  of  the  hearing 
the  count v  commissioners  shall  forthwith  make  an  order 


denying  or  granting  the  prayer  of  said  petition,  and  if  the 
same  is  granted  shall,  in  said  order,  define  and  establish  the 
boundaries  and  designate  the  name  of  such  proposed  district 
;nid  divide  the  same  into  three,  five,  or  seven  divisions,  as 
proscribed  in  the  petition,  as  nearly  equal  in  size  as  may  be 
practicable.  Thereupon  the  said  commissioners  shall  by  fur- 
ther order  duly  entered  upon  their  record  call  an  election  of 
the  qualified  electors  of  said  proposed  district  to  determine 
whether  such  district  shall  be  organized  under  the  provisions 
of  this  act,  and  by  such  order  shall  submit  the  names  of  one 
or  more  persons  from  each  of  the  divisions  of  said  district  to 
be  voted  for  as  directors  of  the  district.  One  director  shall 
be  elected  from  each  division  and  shall  be  a  qualified  elector 
of  the  district  and  holder  of  title,  or  evidence  of  title,  as 
prescribed  in  section  1  of  this  act,  to  land  within  the  division 
from  which  he  is  elected.  Each  division  shall  constitute  an 
election  precinct  for  the  purposes  of  this  act.  The  board  of 
county  commissioners  shall  give  notice  of  such  election, 
which  shall  be  published  for  two  weeks  prior  to  such  election 
in  a  newspaper  within  the  county  where  the  petition  is  filed. 
Such  notice  shall  require  the  electors  to  cast  ballots,  which 
shall  contain  the  words  " Irrigation  District — Yes,"  or  "Irri- 
gation District — No,"  or  words  equivalent  thereto,  and  the 
names  of  persons  to  be  voted  for  as  directors.  For  the  pur- 
pose of  this  election  the  board  shall  establish  a  polling  place 
in  each  election  precinct  aforesaid,  and  shall  also  appoint 
three  qualified  electors  to  act  as  inspectors  of  election  in 
each  election  precinct,  and  also  appoint  for  each  precinct 
two  clerks  of  election.  The  number  of  directors  and  the 
number  and  boundaries  of  divisions  of  any  district  organized 
under  the  laws  of  this  state  shall  not  be  altered  or  changed 
except  by  a  petition  of  a  majority  of  the  qualified  electors  of 
the  district  and  a  majority  of  the  directors. 

SEC.  4.  Except  as  in  this  act  otherwise  provided,  all  such 
elections  shall  be  conducted  as  near  as  may  be  practicable  in 
accordance  with  the  general  election  laws  of  this  state.  The 
board  of  county  commissioners  shall  meet  on  the  second 
Monday  succeeding  such  election  and  proceed  to  canvass  the 
votes  cast  thereat,  and  if  upon  such  canvass  it  appear  that  a 
majority  of  the  electors  voted  "Irrigation  District — Yes"  the 
board,  by  an  order  entered  upon  its  minutes,  shall  declare 
such  territory  duly  organized  as  an  irrigation  district  under 
the  name  and  style  theretofore  designated,  and  shall  declare 
the  persons  receiving  respectively  the  highest  number  of 
votes  for  directors  to  be  duly  elected,  and  shall  cause  a  copy 
of  such  order  and  a  plat  of  said  district,  each  duly  certified 
by  the  clerk  of  the  board  of  county  commissioners,  to  be 
immediately  filed  for  record  in  the  office  of  the  county 
recorder  of  each  county  in  which  any  portion  of  such  lands 
are  situated,  and  certified  copies  thereof  shall  also  be  filed 
with  the  county  clerk  of  such  counties,  and  thereafter  the 
organization  of  the  district  shall  be  complete.  No  lands 


while  they  remain  within  a  district  shall  be  included  in  any 
other  district. 

SEC.  5.  The  regular  elections  of  irrigation  districts  shall 
be  held  on  the  first  Tuesday  after  the  first  Monday  in  April 
of  the  second  calendar  year  after  the  completion  of  the 
organization  thereof,  and  on  the  same  day  biennially  there- 
after, or  as  to  districts  heretofore  organized,  biennially  after 
the  first  regular  election  therein.  The  directors  elected  at 
the  organization  election  shall  be  selected  by  lot  so  that 
one,  two  or  three  directors,  according  to  whether  there  are 
in  all  three,  five,  or  seven  on  the  board,  shall  hold  office  until 
their  successors  are  elected  at  the  next  regular  election  and 
qualify,  and  two,  three,  or  four  directors,  as  the  case  may  be, 
shall  hold  office  until  their  successors  are  elected  at  the 
second  regular  election  after  organization  and  qualify,  and 
at  the  regular  election  biennially  thereafter  directors  shall 
be  elected,  to  replace  the  directors  whose  terms  expire,  for 
terms  of  four  years,  or  until  their  successors  are  elected  and 
qualify.  Directors  so  elected  shall  have  the  qualifications 
prescribed  in  this  act  for  directors  elected  at  the  time  of 
organization.  Nominations  for  the  office  of  directors  shall  be 
made  by  filing  a  declaration  with  the  secretary  within  fifty 
days  before  the  date  of  election  and  not  later  than  ten  days 
before  such  election.  Candidates  shall  pay  twenty-five  ($25) 
dollars  filing  fee  with  such  declaration. 

SEC.  6.  Not  less  than  fifteen  nor  more  than  twenty  days 
before  any  election  held  under  this  act  subsequent  to  the 
organization  of  the  district  the  secretary  shall  cause  notice 
specifying  the  polling  places  and  time  of  holding  the  elec- 
tion to  be  posted  in  three  public  places  in  each  election  pre- 
cinct and  in  the  office  of  the  board  of  directors.  Prior  to 
the  time  for  posting  the  notice  the  board  of  directors  shall 
appoint  three  qualified  electors  to  act  as  inspectors  of  elec- 
tion in  such  election  precinct  and  shall  also  appoint  two 
clerks  of  election  for  each  precinct.  If  the  board  of  directors 
fail  to  appoint  a  board  of  election  or  the  members  appointed 
do  not  attend  the  opening  of  the  polls  on  the  morning  of  elec- 
tion the  electors  of  the  precinct  present  at  that  hour  may 
appoint  the  board  or  supply  the  place  of  absent  members 
thereof.  The  board  of  directors  shall,  in  its  order  appointing- 
the  board  of  election,  designate  the  hour  and  the  place  in  each 
precinct  where  the  election  shall  be  held.  At  least  four  weeks 
before  any  such  election  said  board  of  directors  shall  appoint 
a  registrar  for  each  precinct  of  the  district.  Such  registrars 
shall  be  governed  in  the  performance  of  their  duties  by  the 
general  election  laws  of  the  state  as  far  as  they  are  applicable 
and  shall  be  at  their  places  of  registration  to  receive  applica- 
tions for  registrations  from  nine  o'clock  a.  m.  to  nine  o'clock 
p.  m.  on  each  of  the  three  Saturdays  next  preceding  the 
date  of  election.  The  registrars  shall  require  registrants  to 
take  the  following  oath,  in  substance :  "I  am,  or  have  declared 
my  intention  to  become,  a  citizen  of  the  United  States,  am 


over  tin*  ;»«••»•  of  t wentv-one  years,  and  am,  or  properly  rep- 
resent, under  the  law  in  pursuance  of  which  this  election  is 
to  he  held,  the  holder  of  title  or  evidence  of  title,  as  denned 

in  said  law,  to  land  within  the  boundaries  of  the  

irrigation  district."  No  election  for  any  purpose  except  for 
organization  shall  be  held  in  any  irrigation  district  without 
such  rejristration,  and  only  electors  duly  registered  shall  be 
entitled  to  vote  thereat. 

SEC.  7.  Before  opening  the  polls  each  inspecto^and  each 
clerk  must  take  and  subscribe  to  an  oath  to  faithfully  per- 
form the  duties  imposed  upon  him  by  law.  Any  elector  of 
the  precinct  may  administer  and  certify  such  oath.  Vacan- 
cies occurring  during  the  progress  of  the  election  may  be 
filled  by  the  remaining  inspector  or  inspectors,  and  any 
inspector  of  election  may  administer  and  certify  oaths. 
The  time  of  opening  and  closing  the  polls,  the  manner  of 
conducting  the  election,  canvassing  and  announcing  the 
result,  the  keeping  of  the  tally-list,  and  the  making  and  cer- 
tifying of  such  result  and  the  disposition  of  the  ballots  after 
election  shall  be  the  same,  as  near  as  may  be,  as  provided 
for  elections  under  the  general  election  law  of  this  state, 
but  no  registrar  or  election  officer  shall  receive  any  pay  for 
services  at  any  district  election.  The  returns  shall  be 
delivered  to  the  secretary  of  the  district  and  no  list,  tally- 
paper  or  returns  from  any  election  shall  be  set  aside  or 
rejected  for  want  of  form  if  it  can  be  satisfactorily  under- 
stood. The  board  of  directors  shall  meet  at  its  usual  place  of 
meeting  on  the  second  Monday  after  an  election  to  canvass 
the  returns  and  it  shall  proceed  in  the  same  manner  and 
with  like  effect,  as  near  as  may  be,  as  the  board  of  county 
commissioners  in  canvassing  the  returns  of  general  elections, 
and  when  it  shall  have  declared  the  result  the  secretary  shall 
make  full  entries  in  his  record  in  like  manner  as  is  required 
of  the  county  clerk  in  general  elections.  The  board  of 
directors  must  declare  efected  the  person  or  persons  having 
the  highest  number  of  votes  given  for  each  office.  The  sec- 
retary shall  immediately  make  out  and  deliver  to  such  per- 
son or  persons  a  certificate  of  election  signed  by  him  and 
authenticated  with  the  seal  of  the  board.  Within  ten  days 
after  receiving  the  certificate  of  his  election,  each  director 
shall  take  and  subscribe  to  an  official  oath  and  file  the  same 
with  the  secretanr  of  the  board  of  directors.  Each  member 
of  said  board  of  directors  shall  execute  an  official  bond  in 
the  sum  of  fifteen  thousand  dollars  ($15,000),  which  shall  be 
approved  by  the  judge  of  the  district  court  in  and  for  the 
county  where  such  organization  is  effected.  Such  bonds 
shall  be  recorded  in  the  office  of  the  county  recorder  and 
filed  with  the  secretary  of  the  board. 

SEC.  8.  Any  person,  male  or  female,  of  the  age  of  21  years 
or  over,  whether  a  resident  of  the  district  or  not,  who  is  or 
has  declared  his  intention  to  become  a  citizen  of  the  United 
States  and  who  is  a  bona-fide  holder  of  title,  or  evidence  of 


title,  as  defined  in  section  1  hereof,  to  land  situated  in  the 
district,  shall  be  entitled  to  one  vote  at  any  election  held 
under  the  provisions  of  this  act,  and  shall  be  held  to  be 
referred  to  whenever  the  words  elector  or  electors  are  used 
herein.  Any  elector  residing  outside  of  the  district  owning 
land  in  the  district  and  qualified  to  vote  at  district  elections 
shall  be  considered  as  a  resident  of  that  division  and  precinct 
of  the  district  in  which  the  major  portion  of  his  lands  are 
located  f£-  the  purpose  of  determining  his  place  of  voting 
and  qualifications  for  holding  office.  A  guardian,  executor 
or  administrator  shall  be  considered  as  the  holder  of  title 
or  evidence  of  title  as  prescribed  in  section  1  hereof  to  the 
land  in  the  estate  for  which  he  is  such  guardian,  executor,  or 
administrator,  and  shall  have  the  right  to  sign  petitions,  vote 
and  do  all  things  that  any  elector  may  or  can  do  under  this 
act.  Corporations  holding  land  in  the  district  shall  be  con- 
sidered as  persons  entitled  to  exercise  all  the  rights  of  natural 
persons  and  the  president  of  the  corporation,  or  other  person 
duly  authorized  by  the  president  or  vice-president  in  writ- 
ing, may  sign  any  petition  authorized  by  this  act  or  cast  the 
vote  of  the  corporation  at  any  election. 

SEC.  9.  The  officers  of  such  district  shall  consist  of  three, 
five,  or  seven  directors,  as  aforesaid,  a  president  and  vice- 
president  elected  from  their  number,  a  secretary  and  a 
treasurer.  The  secretary  and  treasurer  shall  be  appointed 
by  the  board  of  directors  and  may  or  may  not  be  members  of 
said  board.  Such  officers  shall  serve  at  the  will  of  the  board. 
One  person  may  be  appointed  to  serve  as  secretary  and 
treasurer.  The  board  of  directors  shall  designate  some  place 
within  the  county  where  the  organization  of  the  district  was 
effected  as  the  office  of  the  board  and  the  board  shall  hold  a 
regular  monthly  meeting  in  its  office  on  the  first  Monday  in 
every  month  and  such  special  meetings  as  may  be  required 
for  the  proper  transaction  of  business;  provided,  that  all 
special  meetings  must  be  called  by  the  president  or  a  major- 
ity of  the  board.  The  order  calling  such  special  meeting  shall 
be  entered  of  record,  and  the  secretary  shall  give  each  mem- 
ber not  joining  in  the  order  five  days'  notice  of  such  special 
meeting.  The  order  must  specify  the  business  to  be  trans- 
acted at  such  special  meeting,  and  none  other  than  that- 
specified  shall  be  transacted.  Whenever  all  members  of  the 
board  are  present  at  a  meeting  the  same  shall  be  deemed  a 
legal  meeting  and  any  lawful  business  may  be  transacted. 
All  meetings  of  the  board  shall  be  public  and  a  majority  of 
the  members  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  on  all  questions  requiring  a  vote  there  shall  be 
a  concurrence  of  at  least  a  majority  of  the  members  of  the 
board.  All  records  of  the  board  shall  be  open  to  the  inspec- 
tion of  any  elector  during  business  hours.  On  the  first 
Monday  in  May  next  following  their  election,  the  board  of 
directors  shall  meet  and  organize,  elect  a  president  and  vice- 
president  and  appoint  a  secretary  and  treasurer.  The 


appointees  aforesaid  shall  file  bonds  which  shall  In-  approved 
by  the  board,  for  the  faithful  performance  of  their  duties. 
Any  vacancies  in  the  office  of  director  shall  be  filled  from  the 
division  in  which  the  vacancy  occurs  by  the  remaining  mem- 
bers of  the  board.  A  director  appointed  to  fill  a  vacancy,  as 
above  provided,  shall  hold  his  office  for  the  unexpired  term 
of  his  predecessor  in  office,  and  until  his  successor  is  elected 
and  qualifies. 

SEC.  10.  The  board  of  directors  shall  have  power  to 
manage  and  conduct  the  business  and  affairs  of  the  district, 
to  make  and  execute  all  necessary  contracts,  to  employ  and 
appoint  such  agents,  officers,  and  employees  as  may  be 
required  and  prescribe  their  duties,  and  to  establish  by-laws, 
rules  and  regulations  for  the  distribution  and  use  of  water 
in  the  district.  Said  by-laws,  rules,  and  regulations  shall  be 
printed  in  convenient  form  for  distribution  throughout  the 
district.  For  the  purpose  of  acquiring  control  over  govern- 
ment lands  within  the  district,  and  of  complying  with  the 
provisions  of  the  aforesaid  act  of  Congress  of  August  11, 
1916,  the  board  shall  have  power  to  make  such  investigation 
and  base  thereon  such  representations  and  assurances  to  the 
secretary  of  the  interior  as  may  be  requisite.  The  board  and 
its  agents  and  employees  shall  have  the  right  to  enter  upon 
any  land  to  make  surveys,  and  may  locate  the  necessary  irri- 
gation and  other  works,  and  the  lines  of  any  canal  or  canals, 
and  the  necessary  branches  for  the  same,  on  any  lands 
which  may  be  deemed  best  for  such  location.  Said  board 
shall  also  have  the  right  to  acquire,  either  by  purchase,  con- 
demnation, or  other  legal  means,  all  lands,  rights,  and  other 
property  necessary  for  the  construction,  use  and  supply, 
operation,  maintenance,  repair,  and  improvement  of  the 
works  of  the  district,  including  canals  and  works  constructed 
and  being  constructed  by  private  owners,  lands  for  reser- 
voirs for  the  storage  of  waters,  and  all  other  works  and 
appurtenances,  either  within  or  without  the  State  of  Nevada. 
In  case  of  purchase  of  property  the  bonds  of  the  district 
hereinafter  provided  for  may  be  used  to  their  par  value  in 
payment.  The  board  may  appropriate  water  in  accordance 
with  the  law,  and  also  construct  the  necessary  dams,  reser- 
voirs, and  works  for  the  collection,  storage,  conservation  and 
distribution  of  water  for  said  district  and  for  the  drainage 
of  the  lands  thereof,  and  do  any  and  every  lawful  act  neces- 
sary to  be  done  in  order  to  accomplish  the  things  and  pur- 
poses herein  described.  The  collection,  storage,  conveyance, 
distribution  and  use  of  water  by  or  through  the  works 
of  irrigation  districts  heretofore  or  hereafter  organized, 
together  with  the  rights  of  way  for  canals  and  ditches,  sites 
for  reservoirs,  and  all  other  works  and  property  required  to 
fully  carry  out  the  provisions  of  this  act,  is  hereby  declared 
to  be  a  public  use. 

SEC.  11.  The  said  board  is  hereby  authorized  and  empow- 
ered to  institute,  maintain,  and  defend,  in  the  name  of  the 


.: 10  

district,  any  and  all  actions  and  proceedings,  suits  at  law, 
and  in  equity. 

SEC.  12.  The  members  of  the  board  of  directors  shall  each 
receive  five  dollars  per  day  and  actual  traveling  expenses  for 
each  day  spent  attending  meetings  of  said  board  or  while 
engaged  in  official  business  under  the  order  of  the  board. 
The  board  shall  fix  the  compensation  to  be  paid  to  the  other 
officers  named  in  this  act;  provided,  that  said  board  shall, 
upon  the  petition  of  a  majority  of  the  electors  within  such 
district,  submit  to  the  electors  at  any  general  election  of  said 
district  a  schedule  of  salaries  and  fees  to  be  paid  the  direc- 
tors and  officers  thereof.  Such  petitions  shall  be  presented  to 
the  board  twenty  days  prior  to  such  general  election  and  a 
schedule  fee  submitted  upon  a  two-thirds  vote  therefor  shall 
be  put  into  effect  upon  the  first  of  the  month  next  ensuing. 

SEC.  13.  No  director  or  any  other  officer  named  in  this 
act  shall  in  any  manner  be  interested,  directly  or  indirectly, 
in  any  contract  awarded  by  the  board,  or  in  the  profits  to 
be  derived  therefrom ;  and  for  any  violation  of  this  provi- 
sion such  officer  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  suffer  a  forfeiture  of  his 
office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
to  exceed  six  months  or  by  both  such  fine  and  imprisonment. 

SEC.  14.  The  board  of  directors,  or  other  officers  of  the 
district,  shall  have  no  power  to  incur  any  debt  or  liability 
whatever  either  by  issuing  bonds  or  otherwise  in  excess  of 
the  express  provisions  of  this  act,  and  any  debt  or  liability 
incurred  in  excess  of  such  express  provisions  shall  be  and 
remain  absolutely  void ;  provided,  that  for  the  purpose  of 
organization,  or  for  any  of  the  purposes  of  this  act,  the  board 
of  directors  may,  before  the  collection  of  the  first  assessment, 
incur  an  indebtedness  not  exceeding  in  the  aggregate  the 
sum  of  three  thousand  dollars,  and  may  cause  warrants  of 
the  district  to  issue  therefor,  bearing  interest  at  six  per  cent 
per  annum,  and  the  directors  shall  have  the  right  and  power 
to  levy  an  assessment  of  not  to  exceed  ten  (10)  cents  per 
acre  on  all  lands  in  said  district  for  the  payment  of  such 
expenses.  Thereafter  the  directors  shall  have  the  right  and 
power  to  levy  an  assessment,  annually,  in  the  absence  of 
assessments  therefor  under  any  of  the  other  provisions  of 
this  act  of  not  to  exceed  ten  (10)  cents  per  acre  on  all  lands 
in  said  district  for  the  payment  of  the  ordinary  and  current 
expenses  of  the  district,  including  salaries  of  officers  and  other 
incidental  expenses.  Such  assessments  shall  be  collected  as 
in  this  act  provided  for  the  collection  of  other  assessments. 

SEC.  15.  As  soon  as  practicable  after  the  organization  of 
a  district  the  board  of  directors  shall,  by  a  resolution  entered 
on  its  records,  formulate  a  general  plan  of  its  proposed 
operations  in  which  it  shall  state  what  constructed  works  or 
other  property  it  proposes  to  purchase  and  the  cost  of  pur- 
chasing the  same,  and  also  what  construction  work  it  pro- 
poses to  do,  and  how  it  proposes  to  raise  the  funds  for 


—  11  — 

carrying  out  such  general  plan.  The  board  shall  cause  such 
.surveys  and  examinations  to  be  made  as  will  furnish  a  proper 
luisis  for  an  estimate  of  the  cost  of  carrying  out  the  con- 
struction work.  All  such  surveys,  examinations,  maps,  plans, 
and  estimates  shall  be  made  under  the  direction  of  a  com- 
petent irrigation  engineer  and  certified  by  him.  Upon 
receiving  his  report  the  board  shall  proceed  to  determine  the 
amount  of  money  necessary  to  be  raised  for  the  purchase  of 
property  and  construction  of  works,  and  shall  immediately 
thereafter  call  a  special  election  at  which  shall  be  submitted 
to  the  electors  of  said  district  possessing  the  qualifications 
prescribed  by  this  act  the  question  whether  or  not  the 
expense  shall  be  authorized  and  whether  by  bond  issue  or 
otherwise.  Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  the 
district  for  three  weeks  before  the  date  of  election,  and  the 
publication  thereof  for  three  weeks  in  some  newspaper  pub- 
lished in  the  county  where  the  district  was  organized.  Such 
notice  shall  specify  the  time  of  holding  the  election,  the 
amount  of  bonds  proposed  to  be  issued,  and  shall  state  in 
substance  that  such  plans  and  estimates  as  have  been  made 
are  on  file  for  inspection  by  the  electors  of  the  district  at 
the  office  of  the  board.  Said  election  must  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  as 
nearly  as  practicable  in  conformity  with  the  provisions  of 
this  act  governing  the  election  of  officers,  and  no  informali- 
ties in  conducting  such  an  election  shall  invalidate  the  same 
if  it  shall  have  been  otherwise  fairly  conducted.  At  such 

an  election  the  ballot  shall  contain  the  words  " 

(Question)  Yes,"  or  " (Question)  No,"  or 

words  equivalent  thereto.  If  two-thirds  or  more  of  the 
votes  cast  are  "Yes,"  the  board  of  directors  shall  be  author- 
ized to  incur  the  expense,  and  if  a  bond  issue  be  authorized 
shall  cause  bonds  in  the  amount  authorized  to  be  issued.  If 
more  than  one-third  of  the  votes  cast  at  any  bond  election 
are  "No,"  the  result  of  such  election  shall  be  so  declared  and 
entered  of  record.  Thereafter,  whenever  said  board  in  its 
judgment  deems  it  for  the  best  interest  of  the  district  that 
the  question  of  the  issuance  of  bonds  in  such  amount,  or  in 
any  other  amount,  shall  be  submitted  to  the  electors  it  shall 
so  declare  of  record  in  its  minutes,  and  may  thereupon  sub- 
mit such  question  to  said  electors  in  the  same  manner*  and 
with  like  effect  as  at  such  previous  election,  but  no  question 
shall  be  resubmitted  to  the  electors  within  one  year  after 
the  same  has  been  voted  upon  and  rejected. 

SEC.  16.  The  bonds  authorized  by  vote  shall  be  designated 
as  a  series,  and  the  series  shall  be  numbered  consecutively  as 
authorized.  The  portion  of  the  bonds  of  the  series  sold  at 
any  time  shall  be  designated  as  an  issue  and  each  issue  shall 
be  numbered  in  its  order.  The  bonds  of  such  issue  shall  be 
numbered  consecutively,  commencing  with  those  earliest  fall- 
ing due,  and  they  shall  be  designated  as  eleven-year  bonds, 
twelve-year  bonds,  etc.  They  shall  be  negotiable  in  form, 


12  

and  payable  in  money  of  the  United  States  as  follows,  to 
wit:  At  the  expiration  of  eleven  years  from  each  issue,  five 
per  cent  of  the  whole  number  of  bonds  of  such  issue ;  at  the 
expiration  of  twelve  years,  six  per  cent ;  at  the  expiration  of 
thirteen  years,  seven  per  cent ;  at  the  expiration  of  fourteen 
years,  eight  per  cent ;  at  the  expiration  of  fifteen  years,  nine 
per  cent ;  at  the  expiration  of  sixteen  years,  ten  per  cent ; 
at  the  expiration  of  seventeen  years,  eleven  per  cent ;  at  the 
expiration  of  eighteen  years,  thirteen  per  cent ;  at  the  expira- 
tion of  nineteen  years,  fifteen  per  cent ;  at  the  expiration  of 
twenty  years,  sixteen  per  cent;  provided,  that  such  per- 
centage may  be  changed  sufficiently  so  that  every  bond  shall 
be  in  the  amount  of  one  hundred  dollars,  or  a  multiple 
thereof,  and  the  above  provisions  shall  not  be  construed  to 
require  any  single  bond  to  fall  due  in  partial  payments. 
Interest  coupons  shall  be  attached  thereto,  and  all  bonds  and 
coupons  shall  be  dated  on  January  1,  or  July  1,  next  follow- 
ing the  date  of  their  authorization,  and  they  shall  bear 
interest  at  the  rate  of  not  to  exceed  six  per  cent  per  annum, 
payable  semiannually  on  the  first  day  of  January  and  July 
of  each  year.  The  principal  and  interest  shall  be  payable  at 
the  place  designated  therein.  Said  bonds  shall  be  each  of  a 
denomination  of  not  less  than  one  hundred  dollars,  nor  more 
than  one  thousand  dollars,  and  shall  be  signed  by  the  presi- 
dent and  secretary,  and  the  seal  of  the  district  shall  be  affixed 
thereto.  Coupons  attached  to  each  bond  shall  be  signed  by 
the  secretary.  Said  bonds  shall  express  on  their  face  that 
they  were  issued  by  the  authority  of  this  act,  naming  it,  and 
shall  also  state  the  number  of  the  issue  of  which  said  bonds 
are  a  part.  The  secretary  and  the  treasurer  shall  each  keep 
a  record  of  the  bonds  sold,  their  number,  the  date  of  sale,  the 
price  received,  and  the  name  of  the  purchaser.  In  case  the 
money  raised  by  the  sale  of  all  the  bonds  be  insufficient  for 
the  completion  of  the  plans  and  works  adopted,  and  addi- 
tional bonds  be  not  voted,  it  shall  be  the  duty  of  the  board  of 
directors  to  provide  for  the  completion  of  said  plan  by  levy 
or  assessment  therefor;  provided,  further,  that  when  the 
money  obtained  by  any  previous  issue  of  bonds  has  become 
exhausted  by  expenditures  herein  authorized,  and  it  becomes 
necessary  to  raise  additional  moneys  to  carry  out  the  adopted 
plan,  additional  bonds  may  be  issued  if  authorized  at  an 
election  for  that  purpose,  which  election  shall  be  called  and 
otherwise  conducted  in  accordance  with  the  provisions  of 
this  act  in  respect  to  an  original  issue  of  bonds.  The  lien  for 
taxes  for  the  payment  of  interest  and  principal  of  any  bond 
issue  shall  be  a  prior  lien  to  that  of  any  subsequent  bond 
issue.  The  time  for  the  issuance  and  maturity  of  the  bonds 
and  the  manner  of  their  payment  may  be  otherwise  deter- 
mined and  directed,  if  submitted  to  a  vote,  by  the  electors  of 
said  district  at  the  election  authorizing  the  said  bonds. 

SEC.  17.  Whenever  the  electors  shall  have  authorized  an 
issue  of  bonds,  as  hereinbefore  provided,  the  board  of  direc- 
tors shall  examine  each  tract  or  legal  subdivision  of  land  in 


13 

tin-  district,  and  shall  determine  the  benetits  which  will  accrue 
to  each  of  such  tracts  or  subdivisions  from  the  construction  or 
purchase  of  the  works  proposed  for  the  district;  and  the 
costs  of  such  works  shall  be  apportioned  or  distributed  over 
such  tracts  or  subdivisions  of  land  in  proportion  to  such 
benefits.  The  board  shall  make,  or  cause  to  be  made,  a  list  of 
such  apportionment  or  distribution,  which  list  shall  contain  a 
complete  description  of  each  subdivision  or  tract  of  land  of 
such  district  with  the  amount  and  rate  per  acre  of  such 
apportionment  or  distribution,  and  the  name  of  the  owner 
thereof,  or  it  may  prepare  a  map  on  a  convenient  scale  show- 
ing each  of  said  subdivisions  or  tracts  with  the  rate  per  acre 
of  such  apportionment  entered  thereon ;  provided,  that  where 
all  or  any  portion  of  the  lands  are  assessed  by  said  board  at 
the  same  rate  a  general  statement  to  that  effect  shall  be  suffi- 
cient. Said  list  or  map  shall  be  made  in  duplicate,  and  one 
copy  of  each  shall  be  filed  in  the  office  of  the  state  engineer, 
and  the  original  shall  remain  in  the  office  of  the  board  of  direc- 
tors. Whenever  thereafter  an  assessment  is  made,  either  in 
lieu  of  bonds,  or  an  annual  assessment  for  raising  the  interest 
on  bonds,  or  any  portion  of  the  principal,  or  the  expenses  of 
maintaining  the  property  of  the  district,  or  any  special 
assessment  voted  by  the  electors,  it  shall  be  spread  upon  the 
lands  in  the  same  proportion  as  the  assessments  of  benefits, 
and  the  whole  amount  of  the  assessments  of  benefits  shall 
equal  the  amount  of  bonds  or  other  obligations  authorized  at 
the  election  last  above  mentioned ;  provided  always,  that  the 
benefits  arising  from  the  undertakings  for  which  special 
assessments  are  made  may  be  distributed  equally  over  the 
lands,  or  especially  apportioned,  when  such  course  is  author- 
ized in  the  election  therefor,  and  that  assessments  or  tolls  and 
charges  may  be  made  or  imposed  as  hereinafter  provided, 
when  coming  within  the  designation  of  operation  and  main- 
tenance charges,  by  way  of  a  minimum  stated  charge  per 
acre  whether  water  is  used  or  not,  and  a  charge  for  water 
used  in  excess  of  the  amount  delivered  for  the  minimum 
charge,  or  such  other  reasonable  method  of  fixing  or  collect- 
ing the  operation  and  maintenance  charge  as  the  board  of 
directors  may  adopt.  Where  drainage  works  are  to  be  con- 
structed, benefits  may  be  apportioned  to  higher  lands  not 
then  actually  requiring  drainage  by  reason  of  the  fact  that 
their  irrigation  contributes  water  which  must  be  carried  off 
or  away  from  the  lower  lands. 

SEC.  18.  Before  final  action  upon  the  apportionment  of 
benefits  provided  for  in  the  last  preceding  section,  the  board 
shall  publish  notice  for  two  weeks  in  a  newspaper  published 
in  the  county  in  which  the  organization  was  effected  that  it 
will  meet  at  its  office  on  the  day  stated  in  said  notice  for  the 
purpose  of  reviewing  such  apportionment  of  benefits.  At 
such  meeting  the  board  shall  proceed  to  hear  all  parties  inter- 
ested who  may  appear,  and  it  shall  continue  in  session  from 
day  to  day  until  the  apportionment  is  completed.  It  shall 
hear  and  receive  all  evidence  offered,  including  any  maps  or 


14  

surveys  which  any  owners  of  lands  may  produce,  and  may 
classify  the  lands  in  such  a  way  that  the  assessment  when 
completed  shall  be  just  and  equitable.  Any  person  interested 
who  shall  fail  to  appear  before  the  board  shall  not  be  per- 
mitted thereafter  to  contest  said  apportionment,  or  any 
assessment  thereunder,  except  upon  a  special  application  to 
the  court  in  the  proceeding  for  confirmation  of  said  appor- 
tionment, showing  reasonable  excuse  for  failing  to  appear 
before  the  board.  In  case  any*  elector  makes  objection  to 
said  apportionment  before  said  board,  and  said  objection  is 
overruled  and  such  elector  does  not  consent  to  the  appor- 
tionment as  finally  determined,  such  objection  shall,  without 
further  proceedings,  be  heard  at  the  confirmation  proceed- 
ings herein  provided  for. 

SEC.  19.  The  board  of  directors  of  the  district  shall  file 
with  the  clerk  of  the  district  court  in  and  for  the  county  in 
which  its  office  is  situated,  a  petition  praying  in  effect  that 
the  proceedings  aforesaid  be  examined,  approved  and  con- 
firmed by  the  court.  The  petition  shall  state  generally  that 
the  irrigation  district  was  duly  organized  and  the  first  board 
of  directors  elected,  that  due  and  legal  proceedings  were 
taken  to  issue  bonds,  stating  the  amount  thereof,  and  that 
an  apportionment  of  benefits  was  made  by  the  board  and  a 
list  thereof  duly  filed  according  to  law.  A  list  of  the  appor- 
tionment shall  be  attached  to  said  petition,  but  the  petition 
need  not  state  other  facts.  Such  petition  for  confirmation 
of  the  proceedings  thus  far  had  may  be  filed  after  the 
organization  of  the  district  is  complete,  or  after  the  authoriza- 
tion of  any  issue  of  bonds,  or  after  any  other  undertaking  of 
the  district.  The  court  or  judge  shall  fix  the  time  and  place 
for  the  hearing  of  any  such  petition,  and  the  clerk  shall 
publish  a  notice  thereof  for  two  consecutive  weeks  in  a  news- 
paper published  in  the  county.  Any  person  interested  may 
on  or  before  the  day  fixed  for  said  hearing  answer  said  peti- 
tion. None  of  the  pleadings  need  be  sworn  to,  and  every 
material  statement  of  the  petition  not  controverted  by  answer 
shall  be  taken  as  true.  A  failure  to  answer  the  petition  shall 
be  deemed  to  be  an  admission  of  the  material  allegations 
thereof.  The  rules  of  pleading  and  practice  provided  by  the 
civil  practice  act  of  this  state  shall  be  followed  so  far  as 
applicable.  A  motion  for  a  new  trial,  and  all  proceedings  in 
the  nature  of  appeals  or  rehearings,  may  be  had  as  in  any 
ordinary  civil  action. 

SEC.  20.  Upon  the  hearing  of  such  petition,  the  court 
shall  examine  all  the  proceedings  sought  to  be  confirmed  and 
may  ratify,  approve  and  confirm  the  same  or  any  part 
thereof ;  and  when  an  apportionment  of  benefits  is  examined 
all  objections  thereto,  including  those  made  at  the  hearing 
before  the  board,  shall  be  set  up  in  the  answer  and  heard 
by  the  court.  The  court  shall  disregard  every  error,  irregu- 
larity or  omission  which  does  not  affect  the  substantial  rights 
of  any  party,  and  if  the  court  shall  find  that  the  apportion- 
ment is  as  to  any  substantial  matter  erroneous  or  unjust,  the 


15  

same  shall  not  be  returned  to  the  board,  but  the  court  shall 
proceed  to  correct  the  same  so  as  to  conform  to  this  act  and 
the  rights  of  all  parlies  in  the  premises,  and  the  final  judg- 
ment may  approve  and  confirm  such  proceedings  in  whole  or 
in  part.  In  case  of  the  approval  of  the  organization  of  the 
district  and  the  disapproval  of  the  proceedings  for  issuing 
bonds  the  district  may  again  undertake  proceedings  for 
the  issuance  of  bonds  and  have  the  same  confirmed  as  herein 
provided.  The  cost  of  the  proceedings  in  court  may  be 
allowed  and  apportioned  among  the  parties  thereto  in  the 
discretion  of  the  court. 

SEC.  21.  The  board  may  sell  bonds  from  time  to  time  in 
such  quantities  as  may  be  necessary  and  most  advantageous 
to  raise  money  for  the  construction  of  works  and  the  acquisi- 
tion of  property  and  rights  and  to  otherwise  carry  out  the 
objects  and  purposes  of  this  act.  Before  making  any  sale 
the  board  shall  by  resolution  declare  its  intention  to  sell  a 
specific  number  and  amount  of  bonds,  and  if  said  bonds  can 
be  sold  at  par  with  accrued  interest  they  may  be  disposed 
of  without  advertising;  otherwise  notice  shall  be  published 
for  three  weeks  in  a  newspaper  in  the  county  in  which  the 
office  of  the  district  is  situated,  and  in  such  other  newspaper 
in  or  outside  of  the  state  as  the  board  may  deem  expedient, 
that  sealed  proposals  will  be  received  at  its  office  on  or  before 
a  day  and  hour  set  in  said  notice  for  the  purchase  of  said 
bonds.  At  the  time  appointed  the  board  shall  publicly  open 
the  proposals,  and  sell  the  bonds  to  the  highest  responsible 
bidder,  or  it  may  reject  all  bids;  but  in  case  no  bids  are 
received,  or  all  bids  are  rejected,  it  shall  not  again  be  neces- 
sary to  advertise  the  sale  thereof,  but  they  may  be  sold  at 
any  time  until  canceled ;  provided,  that  the  said  board  shall 
in  no  event  sell  any  of  the  bonds  for  less  than  ninety  (90) 
per  cent  of  the  par  value  thereof  and  accrued  interest.  If  for 
any  reason  the  bonds  of  a  district  cannot  be  sold,  or  if  at 
any  time  it  shall  be  deemed  for  the  best  interests  of  the  dis- 
trict to  withdraw  from  sale  all  or  any  portion  of  an  author- 
ized bond  issue,  the  board  of  directors  may,  in  its  discretion, 
cancel  the  same  and  levy  assessments  in  the  amount  of  the 
bonds  canceled;  provided,  that  the  revenue  derived  from 
said  assessments  must  be  employed  for  the  same  purpose  as 
was  contemplated  by  the  bond  authorization,  but  no  levy 
shall  be  made  to  pay  for  work  or  material,  payment  for 
which  was  contemplated  by  bonds  which  have  been  author- 
ized, until  bonds  to  the  amount  of  said  assessments  have  been 
canceled.  Assessments  made  in  lieu  of  bonds  canceled  shall 
be  collected  in  the  same  manner  and  shall  have  the  same  force 
and  effect  as  other  assesments  levied  under  the  provisions 
of  this  act;  provided,  that  such  assessments  shall  not  dur- 
ing any  one  year  exceed  ten  per  cent  of  the  total  bond  issue 
authorized  by  such  district,  unless  a  greater  assessment  shall 
be  authorized  by  a  majority  vote  of  the  qualified  electors 
of  the  district  voting  at  a  general  election  or  a  special  elec- 
tion called  for  that  purpose. 


16  

SEC.  22.  Said  bonds  and  the  interest  thereon  shall  be  paid 
by  revenue  derived  from  the  annual  assessment  upon  the 
lands  in  the  district ;  and  all  the  land  in  the  district  shall  be 
and  remain  liable  to  be  assessed  for  such  payment  in  accord 
with  the  apportionment  of  benefits  as  in  this  act  provided. 

SEC.  23.  The  following  funds  are  hereby  created  and 
established,  to  which  the  moneys  properly  belonging  shall  be 
apportioned,  to  wit :  Construction  fund,  bond  fund,  and  gen- 
eral fund.  Moneys  accruing  from  the  sale  of  bonds,  and  from 
any  assessments  levied  for. the  direct  payment  of  cost  of  con- 
struction, purchase  of  property,  or  other  undertakings  for 
which  bonds  may  be  issued,  shall  be  deposited  and  kept  in  the 
construction  fund.  Moneys  accruing  from  assessments  levied 
for  the  payment  of  interest  and  principal  on  bonds  shall  be 
deposited  and  kept  in  the  bond  fund.  All  other  moneys, 
including  those  realized  from  assessments,  or,  as  the  case 
may  be,  from  tolls  and  charges  levied  or  imposed  for  defray- 
ing the  organization  and  current  expense  of  the  district,  and 
expenses  and  cost  of  the  care,  operation,  maintenance,  man- 
agement, repair,  and  necessary  current  improvement  or 
replacement  of  existing  works  and  property,  including 
salaries  and  wages  of  officers  and  employees  and  other  proper 
incidental  expenditures,  shall  be  deposited  and  kept  in  the 
general  fund.  The  treasurer  of  the  district  is  hereby  author- 
ized and  required  to  receive  and  receipt  for  and  to  collect  the 
moneys  accruing  to  the  several  funds  above  named,  and  to 
place  the  same  to  the  credit  of  the  district  in  the  appropriate 
fund.  Said  treasurer  shall  be  responsible  upon  his  official 
bond  for  the  safe-keeping  and  disbursement  of  the  moneys  in 
such  funds.  Interest  coupons  shall  be  paid  by  him  as  in  this 
act  provided.  The  board  may  establish  rules  and  regulations 
and  prescribe  the  conditions  under  which  the  treasurer  may 
make  disbursements  from  the  general  fund,  but  no  other  pay- 
ments from  any  of  the  funds  above  named  shall  be  made  by 
the  treasurer  except  upon  vouchers  signed  by  the  president 
and  secretary  authorized  by  order  of  the  board.  The  county 
treasurer  or  treasurers  who  are  required  by  this  act  to  collect 
assessments  levied  by  the  district  are  hereby  authorized  to 
turn  over  to  the  treasurer  of  the  district  all  moneys  so  col- 
lected and  to  take  his  receipt  therefor.  Such  district  treas- 
urer shall  report  to  the  board  in  writing  on  the  first  Monday 
in  each  month  the  amount  of  money  in  the  several  funds 
aforesaid  and  the  amounts  received  and  paid  out  in  the  pre- 
ceding month,  and  the  treasurer  shall  make  such  other  report 
and  accounting  as  the  board  may  require.  Such  reports  shall 
be  verified  and  filed  with  the  secretary  of  the  board. 

SEC.  24.  The  treasurer,  upon  the  presentation  of  interest 
coupons  when  due,  shall  pay  the  same  from  the  bond  fund. 
Whenever  after  ten  years  from  the  issuance  of  bonds  said  fund 
shall  amount  to  the  sum  of  ten  thousand  dollars,  the  board 
of  directors  may  direct  the  treasurer  to  pay  such  an  amount 
of  said  bonds  not  due  as  the  money  in  said  fund  will  redeem 
at  the  lowest  value  at  which  they  may  be  offered  for  liquida- 


17  

tion,  a  ft  IT  advertising  for  at  least  three  weeks  in  SOUK-  news- 
paper published  in  tin*  county  in  which  the  office  of  the 
district  is  located,  and  in  such  other  newspapers  as  the  board 
may  deem  advisable,  for  sealed  proposals  for  the  redemption 
of  such  bonds.  Such  proposals  shall  be  opened  by  the  board 
in  open  meeting  at  a  time  to  be  named  in  the  notice,  and  the 
lowest  bid  or  bids  shall  be  accepted ;  provided,  that  no  bonds 
shall  be  redeemed  at  a  rate  above  par.  In  ease  two  or  more 
bids  are  equal  the  lowest-numbered  bond  shall  have  the  pref- 
erence, and  if  any  of  said  bonds  are  not  so  redeemed,  that 
amount  of  the  redemption  money  shall  be  invested  by  the 
treasurer  under  the  direction  of  the  board  in  United  States 
bonds  or  the  bonds  or  warrants  of  the  state  or  municipal 
or  school  bonds,  and  such  bonds  and  the  proceeds  therefrom 
shall  belong1  to  the  bond  fund. 

SEC.  25.  The  secretary  of  the  board  of  directors  shall  be 
the  assessor  of  the  district  and  on  or  before  August  fifteenth 
of  each  year  shall  prepare  an  assessment  book  containing  a 
full  and  accurate  list  and  description  of  all  the  land  of  the 
district,  and  a  list  of  the  persons  who  own,  claim  or  have 
possession  or  control  thereof  during  said  year,  giving  the 
number  of  acres  listed  to  each  person.  If  the  name  of  the 
person  owning,  claiming,  possessing,  or  controlling  any  tract 
of  said  land  is  not  known,  it  shall  be  listed  to  "unknown 
owner." 

SEC.  26.  The  board  shall  meet  on  the  first  Monday  in 
September  of  each  year  to  correct  assessments  and  the  secre- 
tary shall  publish  notice  of  such  meeting  for  two  weeks  in  a 
iie\vspaper  published  in  the  county  in  which  the  district  was 
organized.  In  the  meantime  the  assessment  book  or  books 
shall  remain  in  the  office  of  the  secretary  for  the  inspection 
of  all  parties  interested.  The  board  of  directors,  which  is 
hereby  constituted  a  board  of  correction  for  the  purpose, 
shall  meet  and  continue  from  day  to  day  as  long  as  may  be 
necessary,  not  to  exceed  five  days,  exclusive  of  holidays,  and 
may  make  such  changes  in  said  assessment  book  or  books  as 
may  be  necessary  to  have  it  conform  to  the  facts.  Within  ten 
days  after  the  close  of  said  session  the  secretary  of  the  board 
shall  have  the  corrected  assessment  book  or  books  completed. 

SEC.  27.  At  its  regular  meeting  in  October  the  board  of 
directors  shall  levy  an  assessment  upon  the  lands  in  said 
district  in  accordance  with  the  provisions  of  this  act,  which 
assessment  shall  be  sufficient  to  raise  the  annual  interest 
on  the  outstanding  bonds.  At  the  expiration  of  ten  years 
after  a  bond  issue  or  such  other  period  as  may  be  author- 
ized, the  board  must  increase  said  assessment  as  may  be 
necessary  from  year  to  year  to  raise  a  sum  sufficient  to  pay 
the  principal  of  the  outstanding  bonds  of  that  issue  as  they 
mature.  The  secretary  of  the  board  shall  compute  and  enter 
in  a  separate  column  of  the  assessment  book  or  books  the 
respective  sums  to  be  paid  as  an  assessment  on  the  property 
therein  enumerated.  Except  as  otherwise  provided  herein, 
assessments  made  for  any  of  the  other  purposes  of  this  act 


18  

shall  be  made  and  levied  as  above  provided  and  entered  in 
appropriate  columns  of  the  assessment  book  or  books. 

SEC.  28.  An  assessment  is  a  lien  against  the  property 
assessed  from  and  after  the  first  Monday  in  March  of  the  suc- 
ceeding year.  The  lien  of  the  bonds  of  any  issue  shall  be  a 
preferred  lien  to  that  of  any  subsequent  issue,  and  such  lien 
is  not  removed  until  the  assessments  are  paid  or  the  property 
sold  for  the  payment  thereof. 

SEC.  29.  An  assessment  book  shall  be  made  up  for  the 
lands  in  each  county  in  which  the  district  is  situated  and 
the  secretary  of  the  board  of  directors  shall  forthwith 
certify  the  same  to  the  county  auditor  or  county  auditors, 
as  the  case  may  be,  who  shall  enter  such  assessments  in  the 
tax  rolls  of  such  county  or  counties.  The  assessments  when 
levied  and  enrolled  shall  become  due  and  delinquent  at  the 
same  time  and  be  subject  to  the  same  penalties  and  shall  be 
collected  by  the  same  officers  and  in  the  same  manner  as  state 
and  county  taxes.  The  county  auditor,  district  attorney, 
clerk  and  treasurer  shall  do  and  perform  all  acts  necessary 
to  accomplish  the  collection  of  the  same  with  penalties  and 
the  sale  for  delinquency  and  redemption  of  the  lands  involved. 

SEC.  30.  After  adopting  a  plan  for  such  works  as  are 
proposed,  and  then  there  is  sufficient  money  in  the  construc- 
tion fund  as  aforesaid,  the  board  of  directors  shall  cause 
notice  to  be  given  by  the  secretary  by  publication  thereof 
for  not  less  than  two  weeks  in  a  newspaper  published  in 
the  county  in  which  the  district  was  organized,  and  in  such 
other  publications  or  newspapers  as  it  may  deem  advisable, 
calling  for  bids  for  the  construction  of  such  works,  or  any 
portion  thereof.  If  less  than  the  whole  work  is  advertised 
then  the  portions  so  advertised  must  be  particularly  described 
in  such  notice.  The  notice  shall  set  forth  that  the  plans  and 
specifications  can  be  seen  at  the  office  of  the  board,  that  the 
board  will  receive  sealed  proposals  for  the  construction  of 
the  proposed  works  and  that  a  contract  therefor  will  be  let 
to  the  lowest  responsible  bidder,  subject  to  the  right  of  the 
board  to  reject  any  and  all  bids,  stating  the  time  and  place 
for  opening  the  bids.  At  the  time  and  place  appointed  the 
bids  shall  be  opened  in  public  and  as  soon  as  convenient 
thereafter  the  board  shall  accept  a  bid  or  bids  and  contract 
for  the  construction  of  the  works,  either  in  portions  or  as  a 
whole,  or  it  may  reject  any  and  all  bids  and  readvertise  for 
proposals.  Contracts  for  the  purchase  of  material  shall  be 
entered  into  in  the  same  manner,  but  if  no  reasonable  bid  is 
received  the  material  may  be  purchased  without  advertise- 
ment. Any  person  or  persons  to  whom  a  contract  may  be 
awarded  shall  enter  into  a  bond  in  favor  of  the  district  with 
good  and  sufficient  sureties,  to  be  approved  by  the  board 
for  not  less  than  20  per  cent  of  the  amount  of  the  contract 
price,  conditioned  upon  the  faithful  performance  of  said  con- 
tract. The  work  shall  be  done  under  the  direction  and  to  the 
satisfaction  of  the  engineer  employed  by  the  district  and 
approved  by  the  board;  provided,  that  no  contract  of  any 


19  

kind  shall  be  let  by  said  board  of  directors  unless  there  is 
sufficient  money  in  the  district  treasury  at  the  time  such 
contract  is  let  to  fully  pay  for  the  work  or  material  so  con- 
tracted  for. 

SEC.  31.  On  the  petition  of  a  majority  of  the  electors  of  the 
district,  the  board  of  directors  may  do  any  work  mentioned 
in  the  preceding  section  on  behalf  of  the  district  without  call- 
in  jr  for  bids,  and  it  may  use  the  construction  fund  therefor. 

SEC.  32.  The  cost  and  expense  of  purchasing  and  acquir- 
ing property,  and  of  constructing  works  to  carry  out  the 
formulated  plan  or  plans,  whether  for  irrigation  or  drainage 
or  both,  or  for  the  improvement  or  supplementing  of  existing 
works,  except  as  otherwise  provided  herein,  shall  be  paid  out 
of  the  construction  fund.  For  the  purpose  of  defraying  the 
organization  and  current  expense  of  the  district,  and  of  the 
care,  operation,  maintenance,  management,  repair,  and  neces- 
sary current  improvement  or  replacement  of  existing  works 
and  property,  including  salaries  and  wages  of  officers  and 
employees  and  other  proper  incidental  expenditures,  the 
board  may  fix  rates  of  tolls  or  charges,  and  provide  for  the 
collection  thereof  by  the  district  treasurer  as  operation  and 
maintenance,  or  some  like  designation,  or  may  levy  assess- 
ments therefor,  or  for  a  portion  thereof,  collecting  the  balance 
as  tolls  or  charges  as  aforesaid.  In  this  relation  provision 
may  be  made  by  the  board  for  the  fixing,  levying  and  collec- 
tion of  a  minimum,  flat,  or  stated  operation  and  maintenance 
assessment,  toll,  or  charge  per  acre,  whether  water  is  used 
or  not,  and  a  further  operation  and  maintenance  toll  or 
charge  for  water  used  in  excess  of  the  amount  delivered  for 
the  minimum  charge ;  or  the  board  may  adopt  other  reason- 
able methods  of  fixing  and  collecting  the  operation  and  main- 
tenance charges.  Assessments,  tolls,  and  charges  may  be 
collected  in  advance,  and  the  assessment  aforesaid,  and  such 
tolls  and  charges,  may  be  based  upon  an  estimate  of  the 
operation  and  maintenance  revenue  required  for  the  current 
or  ensuing  year ;  to  be  adjusted  as  near  as  may  be  from  year 
to  year.  Water  service  may  be  refused  and  water  delivery 
may  be  shut  off  whenever  there  is  a  default  in  the  payment 
of  operation  and  maintenance,  but  all  other  legal  remedies 
shall  also  be  available  for  the  enforcement  of  the  debt.  The 
tolls  and  charges  shall  be  collected  by  the  treasurer  and 
deposited  in  the  general  fund,  and  he  shall  account  therefor 
and  disburse  the  same  as  in  this  act  provided. 

SEC.  33.  The  board  of  directors  shall  have  the  power  to 
construct  the  works  of  the  district  across  any  stream  of 
water,  watercourse,  street,  avenue,  highway,  railway,  canal, 
ditch  or  flume,  in  such  manner  as  to  afford  security  for  life 
and  property ;  but  said  board  shall  restore  the  same  when 
so  crossed  or  intersected  to  their  former  state  as  near  as  may 
be  or  in  a  manner  not  unnecessarily  impairing  its  usefulness; 
and  if  a  railroad  company  or  those  in  control  of  the  prop- 
erty, thing  or  franchise  to  be  crossed  cannot  agree  with  the 
board  upon  the  amount  to  be  paid,  or  upon  the  point  or 


20  

points  or  the  manner  of  crossing  or  intersecting,  the  same 
shall  be  ascertained  and  determined  as  herein  provided  in 
respect  to  the  taking  of  land. 

SEC.  34.  The  right  of  way  is  hereby  given,  dedicated  and 
set  apart,  to  locate,  construct,  operate,  and  maintain  the 
works  of  the  district  over  and  through  any  of  the  lands 
which  are  now  or  may  be  the  property  of  the  state. 

SEC.  35.  All  irrigation  districts  organized  under  the  laws 
of  the  State  of  Nevada  shall  have  the  right  of  eminent  domain 
with  the  power  by  and  through  their  board  of  directors  to 
cause  to  be  condemned  and  appropriated  in  the  name  of  and 
for  the  use  of  said  districts  all  reservoirs,  canals,  and  works, 
with  their  appurtenances,  constructed  for  the  irrigation  or 
drainage  of  any  lands  within  the  district  for  uses  inciden- 
tal thereto,  and  all  lands  required  therefor,  and  all  lands  and 
rights  of  way  required  for  the  works  constructed,  or  to  be 
constructed,  or  which  may  be  acquired  by  the  district,  and 
all  necessary  appurtenances  and  other  property  and  rights 
necessary  for  the  construction,  operation,  maintenance, 
repair,  and  improvement  of  said  works.  Such  districts  shall 
have  the  right  by  and  through  their  boards  of  directors  to 
acquire  by  purchase  or  other  legal  means  any  or  all  of  the 
property  mentioned  and  referred  to  in  this  section.  In  any 
action  or  proceedings  for  the  condemnation  of  any  such 
property  wherein  an  irrigation  district  is  plaintiff  such  dis- 
trict, within  six  months  after  final  judgment,  shall  pay  the 
amount  awarded  in  the  judgment  or  said  judgment  will  be 
annulled.  Except  as  otherwise  provided  in  this  act,  the  pro- 
visions of  the  laws  of  Nevada  relative  to  the  right  of  eminent 
domain,  civil  actions,  new  trials  and  appeals,  shall  be  appli- 
cable to  and  constitute  the  rules  of  practice  in  condemnation 
proceedings  by  irrigation  districts. 

SEC.  36.  The  holder  or  holders  of  any  title  or  evidence  of 
title,  as  defined  in  section  1  hereof,  representing  one-half  or 
more  of  any  body  of  lands  adjacent  to  or  in  the  vicinity  of  an 
irrigation  district,  which  are  susceptible  of  irrigation  or 
drainage,  as  the  case  may  be,  or  both,  by  the  district  system, 
or  combined  systems  of  works,  may  file  with  the  board  of 
directors  of  the  district  a  petition,  in  writing,  praying  that 
said  land  may  be  annexed.  The  petition  shall  describe  the 
land  and  also  describe  the  several  parcels  owned  by  petitioners. 

SEC.  37.  The  secretary  shall  cause  a  notice  of  the  filing  of 
such  petition  to  be  published  two  weeks  in  a  newspaper  pub- 
lished in  the  county  where  the  district  was  organized.  The 
notice  shall  state  the  filing  of  such  petition,  the  names  of  the 
petitioners,  and  contain  a  description  of  the  lands  mentioned 
in  the  petition,  sufficient  to  identify  the  same,  and  it  shall 
notify  all  persons  interested  in  or  that  may  be  affected  by 
such  change  of  boundaries  of  the  district  to  appear  at  the 
office  of  the  board  at  a  time  named  in  said  notice  and  show 
cause  in  writing,  if  any  they  have,  why  the  lands  mentioned 
should  not  be  annexed  to  said  district.  The  petitioner  or  peti- 


21  

tinners  shall  advance  to  the  district  treasurer  sufficient  money 
to  pay  the  estimated  cost  of  these  proceedings. 

SKC.  ;JS.  The  hoard  of  directors,  at  the  time  mentioned  in 
said  notice,  or  at  such  other  time  to  which  the  hearing  may  be 
adjourned,  shall  hear  the  petition  and  all  the  objections 
thereto.  The  failure  of  any  person  to  show  cause  as  aforesaid 
shall  be  taken  as  an  assent  on  his  part  to  a  change  of  the 
boundaries  of  the  district  so  as  to  include  the  whole  or  part 
of  the  land  mentioned  in  the  petition. 

SEC.  39.  The  board  of  directors  may  require  as  a  condi- 
tion to  the  granting  of  said  petition  that  the  petitioners  shall 
pay  to  tlie  district  such  sums  as  nearly  as  the  same  can  be 
estimated  as  said  petitioners  or  their  grantors  would  there- 
tofore have  been  required  to  pay  had  such  lands  been 
included  in  such  district  at  the  time  the  same  was  originally 
organized. 

SEC.  40.  The  board  of  directors,  if  they  deem  it  not  for  the 
best  interests  of  the  district  to  include  therein  the  lands  men- 
tioned in  the  petition  shall  reject  the  same.  But  if  the  board 
deem  it  for  the  best  interests  of  the  district,  and  if  no  person 
interested  shall  show  cause  why  the  proposed  change  be  not 
made,  or  if  having  shown  cause  withdraws  the  same,  the  board 
may  order,  without  any  election,  that  the  lands  mentioned  in 
said  petition  or  any  part  thereof  be  annexed  to  the  district. 
The  order  shall  describe  the  lands  so  annexed,  and  the  board 
shall  cause  a  survey  thereof  to  be  made  if  deemed  necessary. 

SEC.  41.  If  any  person  interested  shall  object  as  afore- 
said and  shall  not  withdraw  the  same,  and  if  the  board  deem 
it  for  the  best  interests  of  the  district  to  include  the  lands 
mentioned  in  said  objection,  or  some  part  thereof,  the  board 
shall  adopt  a  resolution  to  that  effect.  The  resolution  shall 
describe  the  lands  proposed  to  be  included  in  the  district. 

SEC.  42.  Upon  the  adoption  of  the  resolution  mentioned 
in  the  last  preceding  section  the  board  shall  order  that  an 
election  be  held  within  said  district  to  determine  whether 
the  lands  described  in  said  resolution  shall  be  annexed  to 
the  district,  and  shall  fix  the  time  at  which  such  election  shall 
be  held.  Notice  thereof  shall  be  published,  and  such  election 
shall  be  held,  and  all  things  pertaining  thereto  conducted 
in  the  manner  prescribed  by  this  act  in  case  of  an  election 
to  determine  whether  bonds  of  the  district  shall  be  issued. 
The  ballots  cast  at  such  election  shall  contain  the  words  "for 
annexation,"  or  "against  annexation,"  or  expressions  equiva- 
lent thereto.  The  notice  of  election  shall  describe  the  lands 
proposed  to  be  annexed  to  the  district. 

SEC.  43.  If  at  such  election  a  majority  of  all  the  votes  cast 
shall  be  against  annexation  the  board  shall  proceed  no  further 
in  the  matter ;  but  if  a  majority  of  such  votes  be  in  favor  of 
annexation  the  board  shall  thereupon  order  that  the  boun- 
daries of  the  district  be  changed  to  include  the  lands  to  be  so 
annexed  and  cause  a  copy  of  such  order,  together  with  a  plat 
of  said  lands,  each  certified  to  by  the  secretary  of  the  board, 
to  be  filed  for  record  in  the  office  of  the  county  recorder  of  the 


22  

county  or  counties  in  which  such  lands  are  situated.  The 
order  shall  describe  the  land  so  annexed  and  thereafter  such 
lands  shall  be  subject  to  all  the  provisions  of  this  act.  Imme- 
diately after  the  filing  for  record  of  the  order  annexing  said 
lands  the  directors  shall  state  on  their  minutes  to  which  divi- 
sion or  divisions  in  said  district  the  lands  shall  be  attached, 
or  may  redivide  the  district  to  accommodate  said  lands. 

SEC.  44.  The  holder  or  holders  of  title,  or  evidence  of 
title,  as  described  in  section  1  hereof,  may  file  with  the  board 
of  directors  a  petition,  in  writing,  praying  that  the  boun- 
daries of  said  district  be  so  changed  as  to  exclude  the  lands 
described  therein.  The  petition  shall  describe  the  boundaries 
of  the  several  parcels  owned  by  the  petitioners  and  shall  state 
the  reasons  for  the  exclusion  prayed  for.  The  board  of  direc- 
tors shall  cause  the  land  described  in  such  petition  to  be  sur- 
veyed and  reported  upon  by  a  competent  irrigation  engineer, 
and  if  the  board  shall  then  find  said  lands  to  be  of  such 
character  as  to  prevent  their  receiving  benefits  from  the 
existing  or  proposed  works,  the  board  shall  make  an  order 
changing  the  boundaries  of  said  district  so  as  to  exclude  the 
land  described  in  said  petition.  If  lands  are  excluded  as  in 
this  section  provided  a  copy  of  the  order  excluding  same, 
with  a  plat  of  land  excluded,  each  certified  by  the  secretary 
of  the  board,  shall  be  filed  for  record  in  the  office  of  the 
county  recorder  of  the  county  or  counties  in  which  such  lands 
arc  situated.  If  said  petition  be  denied,  the  signers  thereof 
shall  be  liable  to  the  district  for  the  full  amount  of  cost  of 
the  proceedings  and  survey  of  said  lands. 

SEC.  45.  No  state  lands  shall  become  a  part  of  an  irriga- 
tion district  except  by  the  consent  of  the  state  land  register, 
who  is  hereby  authorized  to  consent  thereto  on  behalf  of  the 
state  in  writing  when  in  his  judgment,  with  the  advice  of 
the  state  engineer,  such  lands  will  be  benefited  by  inclusion 
in  the  district.  Such  consent  may  be  indicated  by  signing  a 
petition  for  organization  or  annexation  as  in  this  act  pro- 
vided. District  assessments,  charges,  and  tolls  against  said 
lands  shall  not  be  assessed  as  taxes,  but  shall  be  billed  to  the 
state  land  register,  who  shall  voucher  the  same  to  the  appro- 
priate officer  or  officers  for  payment,  and  such  officer  or 
officers  are  hereby  authorized  to  pay  the  same  out  of  any 
state  funds  not  otherwise  appropriated.  Contracts  for  the 
sale  of  such  lands  shall  be  conditioned  upon  the  payment  by 
the  purchaser  of  such  assessments,  charges  and  tolls,  and 
upon  cancelation  of  such  contracts  payments  due  the  district 
shall  be  made  by  the  state  as  above  provided. 

SEC.  46.  Vested  interests  in  or  to  structures,  works  and 
property  or  water  rights  owned  or  used  in  connection  with 
mining  or  power  development  shall  never  be  affected  by  or 
taken  under  the  provisions  of  this  act,  saving  and  excepting 
that  rights  of  way  may  be  acquired  by  the  district  over  or 
across  such  works  or  property. 

SEC.  47.     Upon  the  filing  of  a  petition  in  the  district  court 


23 

setting  forth  that  an  irrigation  district  should  be  forthwith 
dissolved,  such  petition  to  be  signed  by  at  least  a  majority  of 
the  electors  owning  at  least  two-thirds  of  the  land  in  said 
district,  the  court  shall  make  its  order  setting  said  petition 
for  hearing,  giving  at  least  three  weeks  notice  by  publica- 
tion in  a  newspaper  published  in  the  county  in  which  the 
district  was  organi/ed;  provided,  that  before  the  order  can 
be  entered  dissolving  the  district  the  directors  must  show 
that  the  district  does  not  owe  any  money  nor  that  there  are 
any  outstanding  bonds  of  the  district  or  other  evidence  of 
indebtedness.  Upon  a  proper  showing1  being  made,  the  court 
shall  enter  its  order  dissolving  such  irrigation  district. 

SEC.  48.  The  board  of  directors  of  a  district  may  at  any 
time  when  deemed  advisable  call  a  special  election  and  sub- 
mit to  the  qualified  electors  of  the  district  the  question 
whether  or  not  a  special  assessment  shall  be  levied  for  the 
purpose  of  raising  money  to  be  applied  to  any  of  the  pur- 
poses provided  in  this  act.  Such  election  shall  be  called  and 
the  same  shall  be  held  and  the  result  thereof  determined  and 
declared  in  all  respects  in  conformity  with  the  provisions  of 
this  act  in  respect  to  bond  elections.  The  notice  shall  specify 
the  amount  of  money  proposed  to  be  raised  and  the  purpose 
for  which  it  is  intended  to  be  used,  and  whether  an  equal 
rate  of  assessment  or  a  special  apportionment  of  benefits 
is  to  be  made  in  that  relation  if  either  is  proposed.  At 
such  election  the  ballots  shall  contain  the  words  "Assessment 
— Yes."  or  "Assessment — No."  If  two-thirds  or  more  of  the 
votes  cast  are  "Assessment — Yes/'  the  board  shall  immedi- 
ately proceed  to  apportion  the  benefits,  if  such  apportionment 
is  to  be  made,  and  to  levy  an  assessment  sufficient  to  raise  the 
amount  voted.  The  assessment  so  levied  shall  be  entered  in 
the  assessment  book  or  books  by  the  secretary  of  the  board 
and  collected  in  the  same  manner  as  other  assessments  pro- 
vided for  herein  and  when  received  by  the  treasurer  of  the 
district  shall  be  deposited  and  kept  in  the  construction  fund. 
At  such  an  election  there  may  be  submitted  the  proposition 
of  authorizing  the  board  of  directors  to  levy  each  year  for  a 
stated  number  of  years  assessments  not  exceeding  a  stated 
amount  per  acre  for  the  purpose  of  providing  a  fund  from 
which  repairs  may  be  made  and  replacement  and  extensions 
of  existing  works  may  be  constructed  and  paid  for  as  the 
necessity  for  same  arises.  In  such  case  plans  and  specifica- 
tions need  not  be  made  in  advance — a  general  description  of 
the  contemplated  undertaking  shall  be  sufficient.  If  said 
proposition  be  carried  by  two-thirds  of  the  electors  the  board 
shall  be  authorized  to  levy  such  assessment  and  same  shall  be 
collected  as  are  other  assessments  under  this  act.  Moneys 
realized  from  such  assessments  shall  be  deposited  and  kept  in 
the  general  fund  and  disbursed  by  the  treasurer  in  accord 
with  the  direction  of  the  board  or  rules  and  regulations  estab- 
lished by  it. 

SKC.  49.  Any  one  of  the  several  divisions  of  a  district  may 
provide  for  the  construction  of  local  drains,  laterals  or  other 


24  

improvements,  or  the  replacement  or  extension  of  existing1 
works  or  structures,  the  benefits  of  which  are  limited  to  such 
division,  in  the  following  manner:  Upon  presentation  to 
the  board  of  directors  of  the  district  of  a  petition,  signed  by 
a  majority  of  the  electors  of  such  division  representing  at 
least  one-half  of  the  total  acreage  thereof,  describing  in  a 
general  way  the  local  matters  proposed  to  be  undertaken 
and  naming  two  electors  of  such  division  for  local  directors 
thereof,  the  board  of  directors  of  the  district  shall  consider 
such  petition  at  a  regular  meeting  and  if  it  finds  that  the  law 
has  been  complied  with  shall  approve  the  same  and  appoint 
the  electors  named  in  the  petition  as  members  of  the  local 
board.  One  shall  hold  office  until  his  successor  is  elected  at 
the  next  biennial  district  election  and  qualifies,  and  the  other 
until  his  successor  is  elected  at  the  second  biennial  district 
election  after  his  appointment  and  qualifies.  The  terms  of 
such  local  directors  shall  be  determined  by  lot  and  their 
successors  shall  be  elected  for  four-year  terms  at  the  biennial 
elections.  The  said  two  local  directors,  with  the  director  of 
the  district  from  that  division,  shall  constitute  the  local  board 
of  such  division,  and  such  board  may  provide  for  the  local 
undertakings  above  named  ;  being  hereby  authorized  for  that 
purpose  in  so  far  as  applicable  to  exercise  the  powers  and 
perform  the  duties  granted  to  or  imposed  upon  the  board  of 
directors  of  the  district  in  connection  with  its  affairs.  Such 
local  board  shall  thereupon  prepare  plans  and  estimates  of 
the  local  undertakings  proposed  to  be  accomplished  by  such 
division,  stating  therein  whether  the  funds  therefor  are  to  be 
raised  by  a  single  special  assessment  or  the  said  board  is  to 
be  authorized  to  secure  the  necessary  amounts  by  way  of 
annual  assessments  extending  over  a  stated  number  of  years, 
and  not  in  excess  of  a  stated  amount  per  acre;  and  if  the 
latter  method  is  to  be  used  a  general  statement  of  the  pur- 
poses for  which  the  money  is  to  be  raised  may  be  substituted 
for  more  explicit  plans  and  estimates.  Such  plans  and  esti- 
mates or  statement  shall  be  filed  with  the  secretary  of  the 
district,  accompanied  by  a  request  of  the  local  board  that  an 
election  be  called  in  the  division  to  authorize  the  proposed 
special  assessment  or  assessments  and  the  construction  of  the 
proposed  works;  thereupon  the  secretary  of  the  board  shall 
give  notice  of  the  purpose,  time  and  place  of  such  election, 
naming  the  polling  place,  and  inspectors  and  clerks  of  elec- 
tion suggested  by  the  local  board ;  such  notice  to  be  published 
and  election  to  be  held,  as  near  as  may  be,  as  provided  in  this 
act  for  an  election  for  special  assessments  in  the  district.  If 
such  election  fail  of  the  required  two-thirds  vote  of  the  elec- 
tors of  the  division,  the  terms  of  office  of  the  local  directors 
shall  thereupon  terminate  and  the  said  local  board  shall  be 
dissolved.  If  the  special  assessment  or  assessments  and  con- 
struction of  the  proposed  works  be  authorized  at  such  elec- 
tion, the  local  board  shall  levy  such  assessments,  or,  as  tin1 
case  may  be,  shall  proceed  to  the  levying  of  annual  assess- 
ments, and  a  list  of  such  assessments  or  the  first  annual 


25  

assessment,  if  to  be  made  that  year,  shall  be  delivered  to 
the  treasurer  of  the  district  and  by  him  entered  in  the  assess- 
ment book  or  books  thereof,  and  such  assessment  or  assess- 
ments and  the  collection  thereof  shall  thereafter  take  the 
course  of  assessments  of  the  district  as  in  this  act  provided. 
All  of  the  above-described  proceedings  relating  to  the  local 
undertakings  of  a  division,  including  apportionment  of  bene- 
fits for  undertakings  authorized  by  special  election,  may  be 
confirmed  in  court  as  a  part  of  the  confirmation  proceedings, 
or  upon  petition  of  the  board  of  directors  of  the  division. 
Karh  member  of  the  local  board  of  a  division  shall  receive 
three  dollars  per  day  for  each  day  in  attending  meetings  of 
the  board,  or  while  engaged  in  official  business  under  the 
order  of  the  board.  When  the  local  undertakings  above  pro- 
vided for  are  accomplished  and  paid  for,  a  showing  to  that 
effect  shall  be  made  to  the  board  of  directors  of  the  district, 
and  upon  the  approval  thereof  by  such  board  the  terms  of 
office  of  the  local  directors  shall  terminate,  and  any  moneys 
of  such  division  in  the  district  treasury  shall  be  appropriately 
credited  to  the  lands  of  the  division  in  connection  with  future 
assessments  against  such  lands. 

SEC.  50.  At  least  as  often  as  once  a  year  after  the  approval 
of  said  plans  the  board  of  directors  shall  make  a  report  to 
the  state  engineer  of  the  progress  of  the  work  of  the  district 
and  whether  or  not  the  plan  formulated  under  the  provisions 
of  this  act  is  being  successfully  carried  out,  and  whether  or 
not  in  the  opinion  of  the  board  the  funds  available  will  com- 
plete the  proposed  works.  Upon  receipt  of  such  report  by 
the  state  engineer,  he  shall  make  such  suggestions  and  recom- 
mendations to  such  board  of  directors  as  may  be  necessary 
to  conserve  the  best  interests  of  the  district. 

SEC.  51.  On  or  before  the  first  Tuesday  of  February  of 
each  year  the  board  of  directors  of  each  irrigation  district 
shall  publish  in  at  least  one  issue  of  some  newspaper  pub- 
lished in  the  county  where  the  office  of  the  district  is  located 
a  full,  true,  and  correct  statement  of  the  financial  condition 
of  said  district  on  the  first  day  of  that  year,  giving  a  state- 
ment of  all  liabilities  and  assets  of  the  district. 

SEC.  52.  The  board  of  directors  of  each  irrigation  district, 
or  the  secretary  thereof,  shall  at  any  time  allow  any  member 
of  the  board  of  county  commissioners,  when  acting  under 
the  order  of  such  board,  to  have  access  to  all  books,  records, 
and  vouchers  of  the  district  which  are  in  the  possession  or 
control  of  said  board  of  directors  or  said  secretary. 

SEC.  53.  Water  may  be  supplied  by  the  district,  or  by  a 
division  thereof  when  a  local  board  of  such  division  is  created 
and  authorized,  to  towns  within  or  in  the  vicinity  of  the  dis- 
trict, and  an  appropriate  charge  made  therefor,  when  such 
supply  can  be  developed  as  an  incident  of  or  in  connection 
with  the  works  of  the  district  or  the  local  undertakings  of  a 
division. 

SEC.  54.  In  addition  to  the  powers  with  which  irrigation 
districts  are  or  may  be  vested  under  the  laws  of  the  state, 


, 26  • 

irrigation  districts  shall  have  the  following  powers :  To 
cooperate  and  contract  with  the  United  States  under  the 
federal  reclamation  act  of  June  17,  1902,  and  all  acts  amenda- 
tory thereof  or  supplemental  thereto,  or  any  other  act  of 
Congress  heretofore  or  hereafter  enacted  authorizing  or  per- 
mitting such  cooperation,  and  to  cooperate  and  contract  with 
the  State  of  Nevada  under  any  law  heretofore  or  hereafter 
enacted  authorizing  or  permitting  such  cooperation,  for  pur- 
poses of  construction  of  works,  whether  for  irrigation  or 
drainage,  or  both,  or  for  the  acquisition,  purchase,  extension, 
operation,  or  maintenance  of  constructed  works,  or  for  a 
water  supply,  or  for  the  assumption  as  principal  or  guaran- 
tor of  indebtedness  to  the  United  States  on  account  of  dis- 
trict lands  or  for  the  collection  of  moneys  due  the  United 
States  as  fiscal  agents  or  otherwise. 

SEC.  55.  The  board  of  directors  shall  generally  perform 
all  such  acts  as  shall  be  necessary  to  carry  out  the  enlarged 
powers  in  the  foregoing  section  enumerated.  Said  board  may 
enter  into  obligations  or  contracts  with  the  United  States  for 
the  aforesaid  purposes,  and  may  provide  therein  for  the  deliv- 
ery and  distribution  of  water  to  the  lands  of  such  district 
under  the  aforesaid  acts  of  Congress  and  the  rules  and  regu- 
lations established  thereunder.  The  contract  may  provide  for 
the  conveyance  to  the  United  States  as  partial  consideration 
for  the  privileges  obtained  by  the  district  under  said  contract 
of  water  rights  or  other  property  of  the  district ;  and  in 
case  contract  has  been  or  may  hereafter  be  made  with  the 
United  States  as  herein  provided  bonds  of  the  district  may 
be  transferred  to  or  deposited  with  the  United  States,  if  so 
provided  by  said  contract  and  authorized  as  hereinafter  set 
forth,  at  not  less  than  ninety-five  per  cent  of  their  par  value 
to  the  amount  to  be  paid  by  the  district  to  the  United  States 
or  any  part  thereof;  the  interest,  or  principal,  or  both,  of 
said  bonds  to  be  raised  by  assessment  and  levy  as  hereinafter 
prescribed  and  to  be  regularly  paid  to  the  United  States  and 
applied  as  provided  in  said  contract.  Bonds  transferred  to 
or  deposited  with  the  United  States  may  call  for  the  payment 
of  such  interest,  not  exceeding  six  per  cent  per  annum, 
may  be  of  such  denomination,  and  may  call  for  the  repay- 
ment of  the  principal  at  such  times  as  may  be  agreed  upon 
between  the  board  and  the  secretary  of  the  interior.  The  con- 
tract with  the  United  States  may  likewise  call  for  the  pay- 
ment of  the  amount  or  amounts  to  be  paid  by  the  district 
to  the  United  States  or  any  part  thereof  at  such  times  and 
in  such  installments  and  with  such  interest  charges  not 
exceeding  the  aforesaid  rate  as  may  be  agreed  upon,  and 
for  assessment  and  levy  therefor  as  hereinafter  provided, 
and  the  obligations  of  such  contracts  shall  be  a  prior  lien  to 
any  subsequent  bond  issue.  Moreover  the  board  may  accept 
on  behalf  of  the  district  appointment  of  the  district  as  fiscal 
agent  of  the  United  States,  or  authorization  of  the  district 
by  the  United  States  to  make  collection  of  moneys  for  or  011 
behalf  of  the  United  States  in  connection  with  any  federal 


27  

reclamation  project,  whereupon  the  district  shall  he  author- 
ized so  to  act  and  to  assume  the  duties  and  liahilities  incident 
to  such  action,  and  the  said  board  shall  have  full  power  to 
do  any  and  all  things  required  by  the  federal  statutes  now 
or  hereafter  enacted  in  connection  therewith,  and  all  things 
required  by  the  rules  and  regulations  now  or  that  may  here- 
after be  established  by  any  department  of  the  federal  govern- 
ment in  regard  thereto.  Districts  cooperating  with  the 
United  States  may  rent  or  lease  water  to  private  lauds, 
entrymen,  or  municipalities  in  the  neighborhood  of  the  dis- 
trict in  pursuance  of  contract  with  the  United  States. 

SEC.  56.  Any  proposal  to  enter  into  a  contract  with  the 
United  States  for  the  repayment  of  construction  moneys,  the 
cost  of  a  water  supply,  the  operation  and  maintenance  of 
existing  works,  or  the  acquisition  of  property,  and  to  issue 
bonds  if  any  be  proposed,  shall  be  voted  upon  at  an  election 
wherein  proceedings  shall  be  had  in  so  far  as  applicable  in 
the  manner  provided  in  the  case  of  the  ordinary  issuance  of 
district  bonds.  Notice  of  the  election  herein  provided  for 
shall  contain,  in  addition  to  the  information  required  in  the 
case  of  ordinary  bond  election,  a  statement  of  the  maximum 
amount  of  money  to  be  payable  to  the  United  States  for  con- 
struction purposes,  costs  of  water  supply  and  acquisition  of 
property,  exclusive  of  penalties  and  interest,  together  with  a 
general  statement  of  the  property,  if  any,  to  be  conveyed  by 
the  district  as  hereinabove  provided.  The  ballots  at  such  elec- 
tion shall  contain  a  brief  statement  of  the  general  purpose  of 
said  contract  and  the  amount  of  the  obligation  to  be  assumed, 
as  aforesaid,  with  the  words  "Contract — Yes,"  and  "Contract 
— No,"  or  "Contract  and  bonds — Yes,"  and  "Contract  and 
bonds — No,"  as  the  case  may  be.  The  board  of  directors  may 
submit  any  such  contract  or  proposed  contract  and  bond 
issue,  if  any,  to  the  district  court  of  the  county  wherein  is 
located  the  office  of  said  board  to  determine  the  validity 
thereof  and  the  authority  of  the  board  to  enter  into  such 
contract,  and  the  authority  for  and  the  validity  of  the  issu- 
ance and  deposit  or  transfer  of  said  bonds ;  whereupon  the 
same  proceedings  shall  be  had  as  in  the  ordinary  case  of  the 
judicial  determination  of  the  validity  of  the  bonds  with  like 
effect. 

SEC.  57.  All  water  delivered  to  the  district  or  the  right 
to  the  use  of  which  is  acquired  by  the  district,  under  any 
contract  with  the  United  States,  shall  be  distributed  and 
apportioned  by  the  district  in  accordance  with  the  acts  of 
Congress  applicable  thereto,  the  rules  and  regulations  of  the 
secretary  of  the  interior  thereunder,  and  the  provisions  of 
said  contract,  and  provision  may  be  made  in  the  contract 
between  the  district  and  the  United  States  for  the  refusal 
of  water  service  to  any  or  all  lands  which  may  become 
delinquent  in  the  payment  of  any  assessment,  toll  or  charge 
levied  or  imposed  for  the  purpose  of  carrying  out  any  con- 
tract between  the  district  and  the  United  States.  In  case  of 
contract  with  the  United  States  under  which  the  district 


28  

assumes  the  operation  and  maintenance  of  the  existing  works, 
assessments,  tolls  and  charges  may  be  levied  or  imposed  by 
the  board  of  directors,  as  provided  in  this  act  to  raise  the 
sums  required  annually  therefor,  including  amounts  due 
the  United  States  under  said  contract. 

SEC.  58.  Any  rights  of  way  or  other  property  owned  or 
acquired  by  the  district  may  be  conveyed  by  the  board  to 
the  United  States  in  so  far  as  the  same  may  be  needed  for 
the  construction,  operation  and  maintenance  of  works  by  the 
United  States  pursuant  to  this  act. 

SEC.  59.  All  payments  due  or  to  become  due  to  the  United 
States  under  any  contract  between  the  district  and  the 
United  States,  including  such  payments  of  interest  and 
principal  on  bonds  as  may  be  required  in  connection  with 
a  deposit  or  transfer  thereof  to  the  United  States,  shall  be 
paid,  unless  otherwise  provided  by  contract,  by  revenue 
derived  from  annual  assessments,  apportioned  as  herein- 
after prescribed,  and  levies  thereof  upon  such  real  property 
within  the  district  as  may  be  accessible  for  district  purposes 
under  the  laws  of  the  state  or  by  tolls  and  charges  as  the 
case  may  be,  and  such  real  property  shall  be  and  remain 
liable  to  be  assessed  and  levied  upon  for  such  payments  as 
herein  provided.  It  shall  be  the  duty  of  the  board  of  direc- 
tors annually  to  levy  an  assessment,  or  to  impose  and  cause 
to  be  collected  tolls  or  charges  sufficient  to  raise  the  money 
necessary  to  meet  all  payments  when  due  as  provided  in  the 
contract.  All  moneys  collected  in  pursuance  of  such  con- 
tract by  assessment  and  levies  or  otherwise,  and  to  be  paid  to 
the  United  States,  shall  be  paid  into  the  district  treasury 
and  held  in  a  fund  to  be  known  as  the  "United  States  Con- 
tract Fund,"  to  be  used  for  payments  due  to  the  United 
States  under  any  such  contract.  Public  lands  of  the  United 
States  within  any  district  shall  be  subject  to  assessment 
for  all  purposes  of  this  act  to  the  extent  provided  for  by  the 
act  of  Congress  approved  August  11,  1916,  entitled  "An  act 
to  promote  reclamation  of  arid  lands,"  or  any  other  law 
which  may  hereafter  be  enacted  by  Congress  in  the  same  rela- 
tion, upon  full  compliance  therewith  by  the  district.  Noth- 
ing in  this  act  contained  shall  be  construed  to  relieve  the 
district  from  obligation  to  pay  as  a  district  in  case  of  default 
of  any  land,  unless  so  provided  by  the  said  contract  between 
the  district  and  the  United  States. 

SEC.  60.  The  board  may  also  provide  by  contract  with  the 
United  States  for  the  release  of  mortgages  or  liens  given  or 
reserved  to  the  United  States  upon  district  lands,  and  may 
provide  for  the  assumption  by  the  district,  either  as  princi- 
pal or  guarantor,  of  indebtedness  to  the  United  States  on 
account  of  district  lands,  and  apportion  to  each  tract  of  land 
so  released,  benefits  in  the  amount  of  the  obligations  to  the 
United  States  so  provided  to  be  released;  and  the  contract 
between  the  district  and  the  United  States  may  provide  for 
the  collection  and  payment  of  indebtedness  so  incurred  or 
assumed  by  the  district  and  the  tax  or  assessment  for  the 


00    

~*      —.  • ' 

same  at  the  same  times  mid  in  the  same  amounts  or  install- 
ments provided  in  the  federal  reclamation  laws,  and  if  so  pro- 
vided in  the  contract,  sneh  taxes  and  assessments  shall 
become  delinquent  at  the  same  dates  provided  in  the  act  of 
Congress  of  August  13,  1914  (38  Stats.  686),  known  as  the 
reclamation  extension  act,  and  in  that  event,  if  it  be  provided 
in  the  contract  that  the  United  States  waives  any  penalties 
for  delinquency  other  or  greater  than  those  named  in  the 
said  act  of  Congress  of  August  13,  1914,  then,  instead  of  the 
penalties  otherwise  provided  in  state  laws,  the  penalties  for 
delinquency  in  the  payment  of  that  part  of  the  tax  repre- 
senting the  special  assessment  for  payment  of  the  obligations 
of  the  district  to  the  United  States  shall  be  the  penalties 
named  in  the  said  act  of  Congress  of  August  13,  1914,  and 
the  amount  required  to  be  paid  in  case  of  any  redemption 
from  any  tax  sale  or  tax  judgment  shall  be  determined  by 
figuring  the  part  thereof  due  to  the  United  States  upon  the 
basis  of  the  amount  of  such  special  assessment  levied  for  the 
purpose  of  paying  the  United  States  plus  the  penalties 
named  in  said  act  of  Congress  of  August  13,  1914.  And  the 
said  board  shall  have  full  power  to  do  any  and  all  things 
required  by  the  federal  statutes  now  or  hereafter  enacted  in 
connection  therewith,  and  all  things  required  by  the  rules 
and  regulations  now  or  that  may  hereafter  be  established  by 
any  department  of  the  federal  government  in  regard  thereto. 

SEC.  61.  The  assessment  required  in  any  year  to  meet  the 
payment  due  to  the  United  States  under  the  contract  as  in 
this  act  provided  may  be  in  accord  with  an  apportionment 
of  benefits  made  in  or  in  pursuance  of  such  contract  and  in 
the  ascertainment  of  such  benefits  there  shall  be  taken  into 
account  the  provisions  of  the  contract  between  the  United 
States  and  the  district,  the  federal  laws  applicable  thereto, 
and  the  notice  and  regulations  issued  in  pursuance  of  said 
laws,  and  in  case  such  contract  is  for  the  assumption  by  the 
district  as  principal  or  guarantor  of  indebtedness  to  the 
United  States  theretofore  existing  on  account  of  district 
lands,  there  shall  be  further  taken  into  account  the  provision 
of  existing  contracts  carrying  such  indebtedness  and  the 
amounts  of  such  liens  as  may  be  released  in  pursuance  of 
the  contract  between  the  United  States  and  the  district. 

SEC.  62.  Where  contract  shall  have  been  entered  into  and 
is  in  force  and  effect  between  the  United  States  and  any 
irrigation  district  the  district  shall  not  be  dissolved,  nor  shall 
the  boundaries  be  changed,  except  upon  written  consent  of  the 
secretary  of  the  interior,  filed  with  the  official  records  of 
the  district.  If  such  consent  be  given  and  lands  be  excluded, 
the  areas  excluded  shall  be  free  from  all  liens  and  charges  for 
payments  to  become  due  to  the  United  States.  The  board  of 
directors  of  a  district  is  hereby  relieved  from  the  duties 
imposed  upon  it  in  sections  15  and  30  of  this  act  in  so  far  as 
the  same  may  not  be  required  in  case  of  contract  between  the 
district  and  the  United  States,  and  in  that  relation  mav  take 


30  

advantage  of  or  adopt  such  surveys  and  plans  as  may  have 
been  or  be  made  by  the  United  States. 

SEC.  63.  When  an  irrigation  district  comprises  lands 
which  are  served  by  works  constructed  by  the  United  States 
and  the  portion  of  such  works  situated  in  a  division  of  the 
district  may  be  regarded  as  a  separate  unit  of  the  larger 
system  for  operation  and  maintenance  purposes,  or  when 
local  drains,  laterals,  or  other  improvements  may  be  provided 
as  additions  to  such  works  and  constitute  benefits  limited  to 
such  division,  or  when  the  replacement  or  extension  of  such 
works  or  some  part  thereof  would  constitute  benefits  limited 
to  such  division,  a  petition  signed  by  the  requisite  number 
of  electors  of  such  division  may  be  presented  to  the  board  of 
directors  of  the  district  and  a  local  board  of  directors  of  such 
division  created  as  provided  in  this  act;  whereupon  such 
board  of  directors  shall  have  the  power  to  contract  with  the 
United  States  for  the  operation  of  the  existing  system  afore- 
said, or  for  the  construction  either  .by  such  division  or  by 
the  United  States  of  local  drains,  laterals  or  other  improve- 
ments and  for  the  operation  and  maintenance  thereof,  or 
for  the  replacement  or  extension  of  existing  works  or  struc- 
tures and  for  the  operation  and  maintenance  thereof  or  any 
separate  part  of  the  same ;  provided,  that  such  contract  shall 
first  be  authorized  by  a  special  election  held  for  the  purpose 
in  such  division  and  for  the  purpose  of  authorizing  the  local 
board  of  directors  to  levy  an  assessment  or  assessments,  as 
provided  in  this  act,  to  secure  the  moneys  required  to  carry 
out  said  contract,  including  the  amounts  that  will  be  due 
the  United  States  thereunder  and  that  will  be  required  for 
the  construction  of  the  proposed  local  drains,  laterals,  or 
other  improvements,  or  for  the  replacement  and  extension 
of  existing  works  or  structures.  Where  it  is  proposed  that  a 
division  shall  assume  only  the  operation  and  maintenance  of 
existing  works  an  election  shall  be  held  upon  the  contract  in 
the  same  manner,  but  the  local  board  of  directors,  after  said 
contract  is  made  in  pursuance  of  the  authority  granted  in 
such  election,  shall  have  the  power  to  levy  assessments  or 
impose  tolls  and  charges  annually  or  otherwise  to  raise  the 
amounts  necessary  to  carry  out  said  contract  and  to  operate 
and  maintain  said  works,  including  amounts  to  be  paid  to 
the  United  States  under  said  contract,  in  the  same  manner 
and  to  the  same  effect  as  can  be  done  by  the  board  of  direc- 
tors of  the  district  under  the  provisions  of  this  act.  Where 
local  drains,  laterals  or  improvements  are  to  be  constructed, 
or  existing  works  or  structures  replaced  or  extended,  and 
are  thereafter  to  be  operated  and  maintained  by  the  division, 
the  local  board  shall  have  similar  power  to  levy  assessments 
and  to  impose  tolls  or  charges  to  raise  the  money  required 
for  such  operation  and  maintenance,  including  amounts  due 
the  United  States  in  that  relation.  The  works  described 
in  the  contract  with  the  United  States  shall  be  constructed, 
replaced  or  extended  by  such  local  board  of  directors,  and 
the  money  raised  by  such  special  assessment  therefor  or  for 


31  

the  operation  and  maintenance  tin-roof  shall  be  collected, 
kept  and  disbursed,  and  the  apportionment  of  benefits  made, 
as  in  this  act  provided  when  a  division  of  the  district  is 
authorized  to  provide  for  local  undertakings,  the  benefits 
of  which  are  limited  to  such  division;  provided,  that  the  pro- 
visions of  this  act  relating  to  cooperation  between  a  district 
and  the  United  States,  including  those  relating  to  the  dis- 
tribution and  apportionment  of  water  and  the  apportionment 
of  benefits,  shall  apply  in  case  of  contract  between  the  United 
States  and  a  division  of  a  district  in  so  far  as  applicable.  The 
ex  cent  ion  of  such  contract  with  the  United  States  and  all  pro- 
ceedings ancillary  thereto  may  be  confirmed  in  court  as  a  part 
of  the  confirmation  proceedings  instituted  by  the  district,  or 
upon  petition  by  the  board  of  directors  of  the  division. 

SEC.  64.  When  an  irrigation  district  comprises  lands 
which  are  or  may  be  served  by  works  constructed  by  the 
United  States,  and  a  contract  is  proposed  to  be  entered  into 
with  the  United  States  for  the  operation  and  maintenance  by 
the  district  of  the  existing  works,  or  for  the  construction  of 
a  drainage  system  or  other  extension  or  improvement  of  such 
works,  and  the  lands  in  a  division  of  the  district  may  be 
regarded  as  clearly  outside  the  scope  of  such  contract,  the 
election  thereon  and  for  the  authorization  of  the  program  or 
undertaking  contemplated  thereby  may  be  confined  to  the 
remaining  portion  of  the  district  exclusive  of  such  division, 
and  the  apportionment  of  the  benefits  may  be  made  accord- 
ingly ;  otherwise  the  proceedings  in  connection  with  such 
contract  and  the  program  or  undertaking  contemplated 
thereby  shall  be  as  heretofore  provided  in  this  act. 

SEC.  65.  In  any  case  where  an  irrigation  district  is 
appointed  fiscal  agent  of  the  United  States  in  connection 
with  any  federal  reclamation  project,  or  by  the  United 
States,  or  under  contract  therewith,  is  authorized  or  required 
to  make  collection  of  moneys  on  behalf  of  the  United  States, 
or  for  payments  due  the  United  States  under  any  such  con- 
tract, each  director  of  the  district,  and  the  secretary  and  the 
treasurer  thereof,  shall  execute  a  further  and  additional 
bond  in  such  sum  as  the  secretary  of  the  interior  may 
require,  conditioned  for  the  faithful  discharge  of  the  duties 
of  his  office,  or  as  fiscal  or  other  agent  of  the  United  States, 
or  both ;  and  any  such  bonds  may  be  sued  upon  by  the 
United  States  or  any  person  injured  by  the  failure  of  such 
officer  or  officers  of  the  district  to  fully,  promptly  or  com- 
pletely perform  their  respective  duties.  This  requirement 
shall  apply  to  the  directors  of  a  division,  and  in  so  far  as 
applicable  to  the  officers  of  a  district  acting  in  that  relation, 
in  case  of  contract  between  the  United  States  and  such 
division.  In  all  cases  of  contracts  with  the  United  States  as 
above  described  the  board  of  directors  of  the  district,  or  of 
a  division  thereof,  and  the  secretary  and  treasurer  of  a  dis- 
trict, shall  at  any  time  allow  any  officer  or  employee  of  the 
United  States,  when  acting  under  the  order  of  the  secretary 
of  the  interior,  to  have  access  to  all  books,  records  and  docu- 


32  

ments  which  are  in  the  possession  or  control  of  such  officer  A 

SEC.  66.  Whenever  in  this  act  any  notice  is  required  to 
be  given  by  publication,  such  provision  shall  be  satisfied  by 
publishing  the  same  in  a  weekly  newspaper  the  same  num- 
ber of  times  consecutively  as  the  number  of  weeks  mentioned 
in  the  requirement. 

SEC.  67.  Whenever  the  words  "irrigation  district,"  or 
"district"  are  used  in  this  act,  they  shall  be  held  to  mean  any 
irrigation  district  heretofore  organized  under  the  laws  of  the 
state  as  well  as  under  this  act,  to  the  full  extent  required  to 
accomplish  the  purposes  of  this  act ;  and  whenever  the  words 
"county  treasurer"  or  "treasurer  of  the  county"  are  used  in 
this  act,  they  shall  as  Avell  be  held  to  mean  "ex  officio  tax 
receiver"  or  "tax  receiver"  of  the  county. 

SEC.  68.  Nothing  in  this  act  shall  be  so  construed  as  to 
affect  the  validity  of  any  district  heretofore  organized  under 
the  laws  of  this  state,  or  its  rigjits  in  or  to  property,  or  any  of 
its  rights  or  privileges  of  whatsoever  kind  or  nature;  but 
said  districts  are  hereby  made  subject  to  the  provisions  of 
this  act  as  far  as  applicable;  nor  shall  it  affect,  impair,  or 
discharge  any  contract,  obligation,  lien  or  charge  for,  or 
upon  which  it  was  or  might  become  liable  or  chargeable  had 
not  this  act  been  passed;  nor  shall  it  affect  the  validity  of 
any  bonds  which  have  been  issued  but  not  sold,  nor  shall  it 
affect  any  action  which  now  may  be  pending.  In  such  dis- 
tricts as  have  been  heretofore  organized,  and  in  which  direc- 
tors of  the  various  divisions  thereof  have  been  elected  by 
the  votes  of  the  electors  of  the  district  at  large,  such  elections 
are  hereby  confirmed. 

SEC.  69.  Nothing  in  this  act  shall  be  construed  as  repeal- 
ing or  in  any  wise  modifying  the  provisions  of  any  other  act 
relating  to  the  subject  of  irrigation  or  drainage  except  such 
as  may  be  contained  in  the  act  entitled  "An  act  to  provide 
for  the  organization  and  government  of  drainage,  irrigation 
and  water  storage  districts,  to  provide  for  the  acquisition  of 
water  and  other  property,  and  for  the  distribution  of  the 
water  thereby  for  irrigation  purposes,  and  for  other  matters 
properly  connected  therewith,"  approved  March  20,  1911, 
and  subsequent  acts  supplementary  thereto  or  amendatory 
thereof,  all  of  which  acts,  so  far  as  they  may  be  inconsistent 
herewith,  are  hereby  repealed. 

SEC.  70.  This  act  may  be  referred  to  in  any  action,  pro- 
ceeding or  legislative  enactment  as  "The  Nevada  Irrigation 
District  Act,"  and  whenever  the  words  "irrigation  district" 
are  or  have  been  used  in  any  action  or  proceeding  or  in  any 
act  or  resolution  of  the  legislature  such  words  shall  be  con- 
strued to  mean  an  irrigation  district  organized  under  the 
provisions  of  the  act  approved  March  20,  1911,  or  acts  sup- 
plementary thereto  or  amendatory  thereof,  referred  to  in 
the  preceding  section,  or  an  irrigation  district  organized  or 
existing  under  this  act. 


